093_HB2854

 
                                     LRB093 04708 RLC 04764 b

 1        AN ACT in relation to minors.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Sections 1-7, 1-8,  1-9,  2-10,  3-12,  4-9,  5-105,
 6    5-120, 5-130, 5-410, 5-901, 5-905, and 5-915 as follows:

 7        (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
 8        Sec. 1-7.  Confidentiality of law enforcement records.
 9        (A)  Inspection  and  copying  of law enforcement records
10    maintained by law enforcement agencies that relate to a minor
11    who has been arrested or taken into custody before his or her
12    18th 17th birthday shall be restricted to the following:
13             (1)  Any local, State  or  federal  law  enforcement
14        officers of any jurisdiction or agency when necessary for
15        the   discharge  of  their  official  duties  during  the
16        investigation or prosecution of a crime or relating to  a
17        minor  who  has been adjudicated delinquent and there has
18        been a previous finding that the  act  which  constitutes
19        the  previous  offense  was  committed  in furtherance of
20        criminal activities  by  a  criminal  street  gang.   For
21        purposes  of this Section, "criminal street gang" has the
22        meaning ascribed to it in  Section  10  of  the  Illinois
23        Streetgang Terrorism Omnibus Prevention Act.
24             (2)  Prosecutors,    probation    officers,   social
25        workers, or other individuals assigned by  the  court  to
26        conduct    a    pre-adjudication    or    pre-disposition
27        investigation,    and    individuals    responsible   for
28        supervising or providing temporary or permanent care  and
29        custody  for minors pursuant to the order of the juvenile
30        court,    when    essential    to    performing     their
31        responsibilities.
 
                            -2-      LRB093 04708 RLC 04764 b
 1             (3)  Prosecutors and probation officers:
 2                  (a)  in  the course of a trial when institution
 3             of  criminal  proceedings  has  been  permitted   or
 4             required under Section 5-805; or
 5                  (b)  when  institution  of criminal proceedings
 6             has been permitted or required under  Section  5-805
 7             and  such  minor  is  the subject of a proceeding to
 8             determine the amount of bail; or
 9                  (c)  when  criminal   proceedings   have   been
10             permitted  or  required under Section 5-805 and such
11             minor is the subject of a  pre-trial  investigation,
12             pre-sentence   investigation,  fitness  hearing,  or
13             proceedings on an application for probation.
14             (4)  Adult and Juvenile Prisoner Review Board.
15             (5)  Authorized military personnel.
16             (6)  Persons engaged in bona fide research, with the
17        permission of the Presiding Judge of the  Juvenile  Court
18        and the chief executive of the respective law enforcement
19        agency;   provided  that  publication  of  such  research
20        results in  no  disclosure  of  a  minor's  identity  and
21        protects the confidentiality of the minor's record.
22             (7)  Department  of  Children  and  Family  Services
23        child  protection  investigators acting in their official
24        capacity.
25             (8)  The appropriate  school  official.   Inspection
26        and  copying  shall be limited to law enforcement records
27        transmitted to the appropriate school official by a local
28        law  enforcement  agency  under  a  reciprocal  reporting
29        system established  and  maintained  between  the  school
30        district  and  the  local  law  enforcement  agency under
31        Section 10-20.14 of the School Code  concerning  a  minor
32        enrolled  in  a school within the school district who has
33        been arrested or  taken  into  custody  for  any  of  the
34        following offenses:
 
                            -3-      LRB093 04708 RLC 04764 b
 1                  (i)  unlawful use of weapons under Section 24-1
 2             of the Criminal Code of 1961;
 3                  (ii)  a  violation  of  the Illinois Controlled
 4             Substances Act;
 5                  (iii)  a violation of the Cannabis Control Act;
 6             or
 7                  (iv)  a forcible felony as defined  in  Section
 8             2-8 of the Criminal Code of 1961.
 9             (9)  Mental  health  professionals  on behalf of the
10        Illinois Department of Corrections or the  Department  of
11        Human   Services   or  prosecutors  who  are  evaluating,
12        prosecuting,  or  investigating  a  potential  or  actual
13        petition  brought  under  the  Sexually  Violent  Persons
14        Commitment Act relating to a person who is the subject of
15        juvenile law enforcement records or the respondent  to  a
16        petition  brought  under  the  Sexually  Violent  Persons
17        Commitment  Act  who  is  the subject of the juvenile law
18        enforcement  records  sought.   Any   records   and   any
19        information   obtained  from  those  records  under  this
20        paragraph (9)  may  be  used  only  in  sexually  violent
21        persons commitment proceedings.
22        (B) (1)  Except  as  provided  in  paragraph  (2), no law
23        enforcement  officer  or  other  person  or  agency   may
24        knowingly  transmit  to  the  Department  of Corrections,
25        Adult Division or the Department of State  Police  or  to
26        the  Federal  Bureau  of Investigation any fingerprint or
27        photograph relating to a minor who has been  arrested  or
28        taken  into custody before his or her 18th 17th birthday,
29        unless the court in proceedings under this Act authorizes
30        the transmission or enters an order under  Section  5-805
31        permitting  or  requiring  the  institution  of  criminal
32        proceedings.
33             (2)  Law  enforcement  officers  or other persons or
34        agencies shall   transmit  to  the  Department  of  State
 
                            -4-      LRB093 04708 RLC 04764 b
 1        Police  copies  of  fingerprints  and descriptions of all
 2        minors who have  been  arrested  or  taken  into  custody
 3        before  their  18th  17th  birthday  for  the  offense of
 4        unlawful use of weapons under Article 24 of the  Criminal
 5        Code  of  1961,  a  Class X or Class 1 felony, a forcible
 6        felony as defined in Section 2-8 of the Criminal Code  of
 7        1961,  or  a Class 2 or greater felony under the Cannabis
 8        Control Act, the Illinois Controlled Substances  Act,  or
 9        Chapter  4  of  the  Illinois  Vehicle  Code, pursuant to
10        Section   5   of   the   Criminal   Identification   Act.
11        Information reported to the Department pursuant  to  this
12        Section   may   be   maintained  with  records  that  the
13        Department files pursuant to Section 2.1 of the  Criminal
14        Identification  Act.  Nothing in this Act prohibits a law
15        enforcement agency from fingerprinting a minor taken into
16        custody or arrested before his or her 18th 17th  birthday
17        for  an offense other than those listed in this paragraph
18        (2).
19        (C)  The records of law enforcement  officers  concerning
20    all  minors  under  18  17  years  of  age must be maintained
21    separate from the records of arrests and may not be  open  to
22    public  inspection  or their contents disclosed to the public
23    except by order of the  court  or  when  the  institution  of
24    criminal  proceedings  has  been  permitted or required under
25    Section 5-805 or such a person has been convicted of a  crime
26    and   is   the   subject  of  pre-sentence  investigation  or
27    proceedings on an application for probation or when  provided
28    by law.
29        (D)  Nothing  contained in subsection (C) of this Section
30    shall prohibit the inspection or disclosure  to  victims  and
31    witnesses  of  photographs  contained  in  the records of law
32    enforcement agencies when the inspection  and  disclosure  is
33    conducted  in  the  presence of a law enforcement officer for
34    the purpose of the  identification  or  apprehension  of  any
 
                            -5-      LRB093 04708 RLC 04764 b
 1    person  subject  to  the  provisions  of  this Act or for the
 2    investigation or prosecution of any crime.
 3        (E)  Law  enforcement  officers  may  not  disclose   the
 4    identity of any minor in releasing information to the general
 5    public  as to the arrest, investigation or disposition of any
 6    case involving a minor.
 7        (F)  Nothing contained in this Section shall prohibit law
 8    enforcement agencies from communicating with  each  other  by
 9    letter,  memorandum,  teletype or intelligence alert bulletin
10    or other means the identity  or  other  relevant  information
11    pertaining  to a person under 18 17 years of age if there are
12    reasonable grounds to believe that the person  poses  a  real
13    and  present  danger  to  the  safety  of  the  public or law
14    enforcement officers. The  information  provided  under  this
15    subsection  (F)  shall  remain  confidential and shall not be
16    publicly disclosed, except as otherwise allowed by law.
17        (G)  Nothing in this Section shall prohibit the right  of
18    a  Civil  Service  Commission  or appointing authority of any
19    state, county or municipality  examining  the  character  and
20    fitness of an applicant for employment with a law enforcement
21    agency,  correctional  institution,  or  fire department from
22    obtaining and examining the records of  any  law  enforcement
23    agency  relating  to  any record of the applicant having been
24    arrested or taken into custody before  the  applicant's  18th
25    17th birthday.
26    (Source: P.A.  91-357,  eff.  7-29-99;  91-368,  eff. 1-1-00;
27    92-415, eff. 8-17-01.)

28        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
29        Sec. 1-8.  Confidentiality and accessibility of  juvenile
30    court records.
31        (A)  Inspection  and  copying  of  juvenile court records
32    relating to a minor who is the subject of a proceeding  under
33    this Act shall be restricted to the following:
 
                            -6-      LRB093 04708 RLC 04764 b
 1             (1)  The  minor  who  is  the subject of record, his
 2        parents, guardian and counsel.
 3             (2)  Law enforcement officers  and  law  enforcement
 4        agencies  when such information is essential to executing
 5        an arrest or search warrant or other compulsory  process,
 6        or  to conducting an ongoing investigation or relating to
 7        a minor who has been adjudicated delinquent and there has
 8        been a previous finding that the  act  which  constitutes
 9        the  previous  offense  was  committed  in furtherance of
10        criminal activities by a criminal street gang.
11             Before July  1,  1994,  for  the  purposes  of  this
12        Section,   "criminal   street  gang"  means  any  ongoing
13        organization, association, or group of 3 or more persons,
14        whether formal or informal, having as one of its  primary
15        activities  the  commission  of one or more criminal acts
16        and that has a common name or  common  identifying  sign,
17        symbol  or  specific  color  apparel displayed, and whose
18        members individually or collectively engage  in  or  have
19        engaged in a pattern of criminal activity.
20             Beginning   July  1,  1994,  for  purposes  of  this
21        Section, "criminal street gang" has the meaning  ascribed
22        to  it in Section 10 of the Illinois Streetgang Terrorism
23        Omnibus Prevention Act.
24             (3)  Judges,    hearing    officers,    prosecutors,
25        probation officers, social workers or  other  individuals
26        assigned  by  the  court to conduct a pre-adjudication or
27        predisposition investigation, and individuals responsible
28        for supervising or providing temporary or permanent  care
29        and  custody  for  minors  pursuant  to  the order of the
30        juvenile  court  when  essential  to   performing   their
31        responsibilities.
32             (4)  Judges, prosecutors and probation officers:
33                  (a)  in  the course of a trial when institution
34             of  criminal  proceedings  has  been  permitted   or
 
                            -7-      LRB093 04708 RLC 04764 b
 1             required under Section 5-805; or
 2                  (b)  when   criminal   proceedings   have  been
 3             permitted or required  under  Section  5-805  and  a
 4             minor  is  the  subject of a proceeding to determine
 5             the amount of bail; or
 6                  (c)  when  criminal   proceedings   have   been
 7             permitted  or  required  under  Section  5-805 and a
 8             minor is the subject of a  pre-trial  investigation,
 9             pre-sentence  investigation  or  fitness hearing, or
10             proceedings on an application for probation; or
11                  (d)  when a minor becomes 18 17 years of age or
12             older, and is the subject of  criminal  proceedings,
13             including a hearing to determine the amount of bail,
14             a    pre-trial    investigation,    a   pre-sentence
15             investigation, a fitness hearing, or proceedings  on
16             an application for probation.
17             (5)  Adult and Juvenile Prisoner Review Boards.
18             (6)  Authorized military personnel.
19             (7)  Victims,     their    subrogees    and    legal
20        representatives; however, such persons shall have  access
21        only to the name and address of the minor and information
22        pertaining  to  the disposition or alternative adjustment
23        plan of the juvenile court.
24             (8)  Persons engaged in bona fide research, with the
25        permission of the presiding judge of the  juvenile  court
26        and  the  chief executive of the agency that prepared the
27        particular records; provided  that  publication  of  such
28        research  results  in no disclosure of a minor's identity
29        and protects the confidentiality of the record.
30             (9)  The Secretary of State to whom the Clerk of the
31        Court shall report  the  disposition  of  all  cases,  as
32        required  in  Section 6-204 of the Illinois Vehicle Code.
33        However, information reported relative to these  offenses
34        shall  be  privileged and available only to the Secretary
 
                            -8-      LRB093 04708 RLC 04764 b
 1        of State, courts, and police officers.
 2             (10)  The  administrator  of  a  bonafide  substance
 3        abuse student assistance program with the  permission  of
 4        the presiding judge of the juvenile court.
 5             (11)  Mental  health  professionals on behalf of the
 6        Illinois Department of Corrections or the  Department  of
 7        Human   Services   or  prosecutors  who  are  evaluating,
 8        prosecuting,  or  investigating  a  potential  or  actual
 9        petition brought under the  Sexually  Persons  Commitment
10        Act  relating  to a person who is the subject of juvenile
11        court records or the respondent  to  a  petition  brought
12        under the Sexually Violent Persons Commitment Act, who is
13        the  subject  of  juvenile  court  records  sought.   Any
14        records  and  any information obtained from those records
15        under this paragraph (11) may be used  only  in  sexually
16        violent persons commitment proceedings.
17        (B)  A  minor  who is the victim in a juvenile proceeding
18    shall  be  provided  the   same   confidentiality   regarding
19    disclosure  of  identity  as  the minor who is the subject of
20    record.
21        (C)  Except as otherwise provided in this subsection (C),
22    juvenile court records shall not be  made  available  to  the
23    general  public  but  may  be inspected by representatives of
24    agencies, associations  and  news  media  or  other  properly
25    interested  persons by general or special order of the court.
26    The State's Attorney, the minor, his  parents,  guardian  and
27    counsel  shall  at  all times have the right to examine court
28    files and records.
29             (1)  The court shall allow  the  general  public  to
30        have  access to the name, address, and offense of a minor
31        who is adjudicated a  delinquent  minor  under  this  Act
32        under either of the following circumstances:
33                  (A)  The  adjudication of delinquency was based
34             upon the minor's commission of first degree  murder,
 
                            -9-      LRB093 04708 RLC 04764 b
 1             attempt  to  commit  first degree murder, aggravated
 2             criminal sexual assault, or criminal sexual assault;
 3             or
 4                  (B)  The court has  made  a  finding  that  the
 5             minor  was  at least 13 years of age at the time the
 6             act  was   committed   and   the   adjudication   of
 7             delinquency  was  based  upon the minor's commission
 8             of: (i) an act in furtherance of the commission of a
 9             felony as a member of or on  behalf  of  a  criminal
10             street  gang,  (ii)  an  act  involving the use of a
11             firearm in the commission of a felony, (iii) an  act
12             that  would be a Class X felony offense under or the
13             minor's second or  subsequent  Class  2  or  greater
14             felony  offense  under  the  Cannabis Control Act if
15             committed by an adult, (iv) an act that would  be  a
16             second  or  subsequent  offense under Section 402 of
17             the Illinois Controlled Substances Act if  committed
18             by  an adult, or (v) an act that would be an offense
19             under  Section  401  of  the   Illinois   Controlled
20             Substances Act if committed by an adult.
21             (2)  The  court  shall  allow  the general public to
22        have access to the name, address, and offense of a  minor
23        who  is  at least 13 years of age at the time the offense
24        is  committed  and  who   is   convicted,   in   criminal
25        proceedings  permitted  or  required  under  Section 5-4,
26        under either of the following circumstances:
27                  (A)  The minor  has  been  convicted  of  first
28             degree   murder,  attempt  to  commit  first  degree
29             murder,  aggravated  criminal  sexual  assault,   or
30             criminal sexual assault,
31                  (B)  The  court  has  made  a  finding that the
32             minor was at least 13 years of age at the  time  the
33             offense  was  committed and the conviction was based
34             upon the minor's commission of: (i)  an  offense  in
 
                            -10-     LRB093 04708 RLC 04764 b
 1             furtherance  of  the  commission  of  a  felony as a
 2             member of or on behalf of a  criminal  street  gang,
 3             (ii)  an  offense  involving the use of a firearm in
 4             the commission of a felony, (iii) a Class  X  felony
 5             offense  under  or a second or subsequent Class 2 or
 6             greater felony offense under  the  Cannabis  Control
 7             Act,  (iv)  a  second  or  subsequent  offense under
 8             Section 402 of the  Illinois  Controlled  Substances
 9             Act,  or  (v)  an  offense  under Section 401 of the
10             Illinois Controlled Substances Act.
11        (D)  Pending or following any adjudication of delinquency
12    for any offense defined in Sections 12-13  through  12-16  of
13    the  Criminal  Code  of  1961, the victim of any such offense
14    shall receive the rights set out in Sections 4 and 6  of  the
15    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
16    Act; and the juvenile who is the subject of the adjudication,
17    notwithstanding any other provision of  this  Act,  shall  be
18    treated  as an adult for the purpose of affording such rights
19    to the victim.
20        (E)  Nothing in this Section shall affect the right of  a
21    Civil  Service  Commission  or  appointing  authority  of any
22    state, county or municipality  examining  the  character  and
23    fitness of an applicant for employment with a law enforcement
24    agency,  correctional  institution,  or  fire  department  to
25    ascertain whether that applicant was ever adjudicated to be a
26    delinquent  minor  and,  if  so,  to  examine  the records of
27    disposition or evidence which were made in proceedings  under
28    this Act.
29        (F)  Following  any  adjudication  of  delinquency  for a
30    crime which would be a felony if committed by  an  adult,  or
31    following  any adjudication of delinquency for a violation of
32    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
33    1961,  the State's Attorney shall ascertain whether the minor
34    respondent is enrolled in school and, if so, shall provide  a
 
                            -11-     LRB093 04708 RLC 04764 b
 1    copy  of  the  dispositional  order to the principal or chief
 2    administrative  officer  of  the  school.   Access  to   such
 3    juvenile  records  shall be limited to the principal or chief
 4    administrative  officer  of  the  school  and  any   guidance
 5    counselor designated by him.
 6        (G)  Nothing  contained  in this Act prevents the sharing
 7    or  disclosure  of  information  or   records   relating   or
 8    pertaining  to  juveniles  subject  to  the provisions of the
 9    Serious Habitual Offender Comprehensive Action  Program  when
10    that   information   is   used   to   assist   in  the  early
11    identification and treatment of habitual juvenile offenders.
12        (H)  When a Court hearing a proceeding under  Article  II
13    of  this  Act  becomes aware that an earlier proceeding under
14    Article II had been heard in a different county,  that  Court
15    shall request, and the Court in which the earlier proceedings
16    were  initiated  shall transmit, an authenticated copy of the
17    Court record, including all documents, petitions, and  orders
18    filed   therein   and   the   minute  orders,  transcript  of
19    proceedings, and docket entries of the Court.
20        (I)  The Clerk of the Circuit Court shall report  to  the
21    Department  of  State Police, in the form and manner required
22    by the Department of State Police, the final  disposition  of
23    each minor who has been arrested or taken into custody before
24    his  or her 18th 17th birthday for those offenses required to
25    be reported under Section 5 of  the  Criminal  Identification
26    Act.   Information  reported  to  the  Department  under this
27    Section may be maintained with records  that  the  Department
28    files under Section 2.1 of the Criminal Identification Act.
29    (Source: P.A.  91-357,  eff.  7-29-99;  91-368,  eff. 1-1-00,
30    92-415, eff. 8-17-01.)

31        (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
32        Sec. 1-9.  Expungement of law  enforcement  and  juvenile
33    court records.
 
                            -12-     LRB093 04708 RLC 04764 b
 1        (1)  Expungement  of  law  enforcement and juvenile court
 2    delinquency records shall be governed by Section 5-915.
 3        (2)  This subsection (2) applies to  expungement  of  law
 4    enforcement and juvenile court records other than delinquency
 5    proceedings.  Whenever  any person has attained the age of 18
 6    17 or whenever all juvenile  court  proceedings  relating  to
 7    that  person  have  been  terminated, whichever is later, the
 8    person may petition the  court  to  expunge  law  enforcement
 9    records  relating to incidents occurring before his 18th 17th
10    birthday or his juvenile  court  records,  or  both,  if  the
11    minor was placed under supervision pursuant to Sections 2-20,
12    3-21,  or  4-18, and such order of supervision has since been
13    successfully terminated.
14        (3)  The chief judge of the circuit in  which  an  arrest
15    was made or a charge was brought or any judge of that circuit
16    designated  by the chief judge may, upon verified petition of
17    a person who is the subject of an arrest or a juvenile  court
18    proceeding  pursuant to subsection (2) of this Section, order
19    the law enforcement records or  juvenile  court  records,  or
20    both,  to  be  expunged  from  the  official  records  of the
21    arresting authority and  the  clerk  of  the  circuit  court.
22    Notice  of  the  petition  shall  be  served upon the State's
23    Attorney and  upon  the  arresting  authority  which  is  the
24    subject of the petition for expungement.
25    (Source: P.A. 90-590, eff. 1-1-99.)

26        (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
27        Sec. 2-10.  Temporary custody hearing.  At the appearance
28    of  the  minor  before  the  court  at  the temporary custody
29    hearing, all witnesses present shall be examined  before  the
30    court   in   relation   to  any  matter  connected  with  the
31    allegations made in the petition.
32        (1)  If the court finds that there is not probable  cause
33    to  believe  that the minor is abused, neglected or dependent
 
                            -13-     LRB093 04708 RLC 04764 b
 1    it shall release the minor and dismiss the petition.
 2        (2)  If the court finds that there is probable  cause  to
 3    believe that the minor is abused, neglected or dependent, the
 4    court shall state in writing the factual basis supporting its
 5    finding and the minor, his or her parent, guardian, custodian
 6    and  other  persons  able to give relevant testimony shall be
 7    examined before the court.  The Department  of  Children  and
 8    Family  Services  shall  give  testimony concerning indicated
 9    reports of abuse and neglect, of  which  they  are  aware  of
10    through  the  central registry, involving the minor's parent,
11    guardian or custodian.  After such testimony, the court  may,
12    consistent  with the health, safety and best interests of the
13    minor, enter an order that the minor shall be  released  upon
14    the  request  of parent, guardian or custodian if the parent,
15    guardian or custodian  appears  to  take  custody.  Custodian
16    shall  include  any  agency of the State which has been given
17    custody or wardship of the child. If it  is  consistent  with
18    the health, safety and best interests of the minor, the court
19    may  also  prescribe shelter care and order that the minor be
20    kept in a suitable place designated by  the  court  or  in  a
21    shelter   care  facility  designated  by  the  Department  of
22    Children and Family Services  or  a  licensed  child  welfare
23    agency;  however,  a  minor  charged  with a criminal offense
24    under the Criminal Code of  1961  or  adjudicated  delinquent
25    shall  not  be  placed  in the custody of or committed to the
26    Department of Children and  Family  Services  by  any  court,
27    except a minor less than 13 years of age and committed to the
28    Department  of  Children  and  Family  Services under Section
29    5-710 of this Act or a minor for whom an independent basis of
30    abuse, neglect, or dependency exists, which must  be  defined
31    by departmental rule. In placing the minor, the Department or
32    other agency shall, to the extent compatible with the court's
33    order,  comply  with  Section  7  of  the Children and Family
34    Services Act. In determining  the  health,  safety  and  best
 
                            -14-     LRB093 04708 RLC 04764 b
 1    interests  of  the minor to prescribe shelter care, the court
 2    must find that  it  is  a  matter  of  immediate  and  urgent
 3    necessity  for  the  safety and protection of the minor or of
 4    the person or property of another that the minor be placed in
 5    a shelter care facility or that he or she is likely  to  flee
 6    the  jurisdiction  of  the  court, and must further find that
 7    reasonable efforts have been made or  that,  consistent  with
 8    the  health,  safety  and  best  interests  of  the minor, no
 9    efforts reasonably can be made to prevent  or  eliminate  the
10    necessity  of  removal of the minor from his or her home. The
11    court shall require  documentation  from  the  Department  of
12    Children  and  Family  Services  as to the reasonable efforts
13    that were made to  prevent  or  eliminate  the  necessity  of
14    removal  of the minor from his or her home or the reasons why
15    no efforts reasonably could be made to prevent  or  eliminate
16    the  necessity of removal. When a minor is placed in the home
17    of a relative, the Department of Children and Family Services
18    shall complete a preliminary background review of the members
19    of the  minor's  custodian's  household  in  accordance  with
20    Section  4.3  of the Child Care Act of 1969 within 90 days of
21    that placement.  If the minor is ordered placed in a  shelter
22    care  facility  of  the  Department  of  Children  and Family
23    Services or a licensed child welfare agency, the court shall,
24    upon request of the appropriate Department or  other  agency,
25    appoint  the  Department  of  Children  and  Family  Services
26    Guardianship   Administrator   or  other  appropriate  agency
27    executive temporary custodian of the minor and the court  may
28    enter  such  other orders related to the temporary custody as
29    it deems fit and proper, including the provision of  services
30    to   the  minor  or  his  family  to  ameliorate  the  causes
31    contributing to the finding  of  probable  cause  or  to  the
32    finding  of  the existence of immediate and urgent necessity.
33    Acceptance of services shall not be considered  an  admission
34    of  any  allegation  in a petition made pursuant to this Act,
 
                            -15-     LRB093 04708 RLC 04764 b
 1    nor may a referral of services be considered as  evidence  in
 2    any  proceeding  pursuant to this Act, except where the issue
 3    is whether the Department  has  made  reasonable  efforts  to
 4    reunite  the  family.  In  making  its  findings  that  it is
 5    consistent with the health, safety and best interests of  the
 6    minor  to  prescribe  shelter  care, the court shall state in
 7    writing  (i)  the  factual  basis  supporting  its   findings
 8    concerning   the  immediate  and  urgent  necessity  for  the
 9    protection of the minor or  of  the  person  or  property  of
10    another  and  (ii)  the factual basis supporting its findings
11    that reasonable efforts were made to prevent or eliminate the
12    removal of the minor from his or her home or that no  efforts
13    reasonably  could be made to prevent or eliminate the removal
14    of the minor from his or her home.   The  parents,  guardian,
15    custodian,  temporary  custodian  and  minor  shall  each  be
16    furnished  a  copy  of  such written findings.  The temporary
17    custodian shall maintain  a  copy  of  the  court  order  and
18    written  findings in the case record for the child. The order
19    together with the court's findings of fact in support thereof
20    shall be entered of record in the court.
21        Once the court finds that it is a matter of immediate and
22    urgent necessity for the protection of  the  minor  that  the
23    minor  be  placed in a shelter care facility, the minor shall
24    not be returned to the parent, custodian  or  guardian  until
25    the  court  finds  that such placement is no longer necessary
26    for the protection of the minor.
27        If the child is placed in the temporary  custody  of  the
28    Department  of  Children  and  Family Services for his or her
29    protection, the court shall admonish the  parents,  guardian,
30    custodian  or  responsible  relative  that  the  parents must
31    cooperate  with  the  Department  of  Children   and   Family
32    Services,  comply  with  the  terms of the service plans, and
33    correct the conditions which require the child to be in care,
34    or risk termination of their parental rights.
 
                            -16-     LRB093 04708 RLC 04764 b
 1        (3)  If prior to the shelter care  hearing  for  a  minor
 2    described  in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
 3    is unable to  serve  notice  on  the  party  respondent,  the
 4    shelter  care  hearing  may proceed ex-parte.  A shelter care
 5    order from an ex-parte hearing shall  be  endorsed  with  the
 6    date and hour of issuance and shall be filed with the clerk's
 7    office and entered of record. The order shall expire after 10
 8    days  from the time it is issued unless before its expiration
 9    it is renewed, at a hearing  upon  appearance  of  the  party
10    respondent,  or  upon  an affidavit of the moving party as to
11    all diligent efforts to notify the party respondent by notice
12    as herein prescribed.  The  notice  prescribed  shall  be  in
13    writing and shall be personally delivered to the minor or the
14    minor's  attorney  and to the last known address of the other
15    person or persons entitled to notice.  The notice shall  also
16    state  the nature of the allegations, the nature of the order
17    sought by the State, including whether temporary  custody  is
18    sought,  and  the consequences of failure to appear and shall
19    contain a notice that the parties will  not  be  entitled  to
20    further written notices or publication notices of proceedings
21    in  this case, including the filing of an amended petition or
22    a motion to terminate parental rights, except as required  by
23    Supreme  Court  Rule  11;  and shall explain the right of the
24    parties and the procedures to vacate or modify a shelter care
25    order as provided in this Section.  The notice for a  shelter
26    care hearing shall be substantially as follows:
27                   NOTICE TO PARENTS AND CHILDREN
28                       OF SHELTER CARE HEARING
29             On   ................   at   .........,  before  the
30        Honorable ................, (address:) .................,
31        the State of Illinois  will  present  evidence  (1)  that
32        (name  of  child or children) ....................... are
33        abused, neglected or dependent for the following reasons:
34        ..............................................  and   (2)
 
                            -17-     LRB093 04708 RLC 04764 b
 1        that  there is "immediate and urgent necessity" to remove
 2        the child or children from the responsible relative.
 3             YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT  IN
 4        PLACEMENT of the child or children in foster care until a
 5        trial  can be held.  A trial may not be held for up to 90
 6        days.  You will not be entitled  to  further  notices  of
 7        proceedings  in  this  case,  including  the filing of an
 8        amended  petition  or  a  motion  to  terminate  parental
 9        rights.
10             At  the  shelter  care  hearing,  parents  have  the
11        following rights:
12                  1.  To ask the court to  appoint  a  lawyer  if
13             they cannot afford one.
14                  2.  To ask the court to continue the hearing to
15             allow them time to prepare.
16                  3.  To present evidence concerning:
17                       a.  Whether  or  not the child or children
18                  were abused, neglected or dependent.
19                       b.  Whether or not there is "immediate and
20                  urgent necessity" to remove the child from home
21                  (including:  their  ability  to  care  for  the
22                  child,  conditions  in  the  home,  alternative
23                  means  of  protecting  the  child  other   than
24                  removal).
25                       c.  The best interests of the child.
26                  4.  To cross examine the State's witnesses.

27        The  Notice  for  rehearings  shall  be  substantially as
28    follows:
29              NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
30                  TO REHEARING ON TEMPORARY CUSTODY
31             If you were not present at and did not have adequate
32        notice of the Shelter Care  Hearing  at  which  temporary
33        custody     of    ...............    was    awarded    to
34        ................, you have the right to  request  a  full
 
                            -18-     LRB093 04708 RLC 04764 b
 1        rehearing  on  whether  the  State  should have temporary
 2        custody of .................  To request this  rehearing,
 3        you  must  file  with  the  Clerk  of  the Juvenile Court
 4        (address):  ........................,  in  person  or  by
 5        mailing  a  statement  (affidavit)  setting   forth   the
 6        following:
 7                  1.  That  you  were  not present at the shelter
 8             care hearing.
 9                  2.  That  you  did  not  get  adequate   notice
10             (explaining how the notice was inadequate).
11                  3.  Your signature.
12                  4.  Signature must be notarized.
13             The rehearing should be scheduled within 48 hours of
14        your filing this affidavit.
15             At the rehearing, your rights are the same as at the
16        initial   shelter  care  hearing.   The  enclosed  notice
17        explains those rights.
18             At the  Shelter  Care  Hearing,  children  have  the
19        following rights:
20                  1.  To have a guardian ad litem appointed.
21                  2.  To  be  declared competent as a witness and
22             to present testimony concerning:
23                       a.  Whether they are abused, neglected  or
24                  dependent.
25                       b.  Whether there is "immediate and urgent
26                  necessity" to be removed from home.
27                       c.  Their best interests.
28                  3.  To   cross   examine  witnesses  for  other
29             parties.
30                  4.  To obtain an explanation of any proceedings
31             and orders of the court.
32        (4)  If   the   parent,   guardian,   legal    custodian,
33    responsible  relative, minor age 8 or over, or counsel of the
34    minor did not have actual notice of or was not present at the
 
                            -19-     LRB093 04708 RLC 04764 b
 1    shelter care hearing, he or she may file an affidavit setting
 2    forth these facts, and the clerk shall  set  the  matter  for
 3    rehearing  not  later  than  48  hours, excluding Sundays and
 4    legal holidays, after the filing of  the  affidavit.  At  the
 5    rehearing, the court shall proceed in the same manner as upon
 6    the original hearing.
 7        (5)  Only  when there is reasonable cause to believe that
 8    the minor  taken  into  custody  is  a  person  described  in
 9    subsection  (3)  of  Section  5-105  may the minor be kept or
10    detained in a detention home or  county  or  municipal  jail.
11    This Section shall in no way be construed to limit subsection
12    (6).
13        (6)  No  minor under 16 years of age may be confined in a
14    jail  or  place  ordinarily  used  for  the  confinement   of
15    prisoners  in  a police station.  Minors under 18 17 years of
16    age must be kept separate from confined adults and may not at
17    any time be kept in the same cell, room, or yard with  adults
18    confined pursuant to the criminal law.
19        (7)  If  the  minor  is  not  brought  before  a judicial
20    officer within the time period as specified in  Section  2-9,
21    the minor must immediately be released from custody.
22        (8)  If neither the parent, guardian or custodian appears
23    within  24  hours  to  take  custody of a minor released upon
24    request pursuant to subsection (2) of this Section, then  the
25    clerk  of  the  court  shall set the matter for rehearing not
26    later than 7 days after the original order and shall issue  a
27    summons  directed  to  the  parent,  guardian or custodian to
28    appear.  At the same  time  the  probation  department  shall
29    prepare  a  report  on  the  minor.  If a parent, guardian or
30    custodian does not appear at such rehearing,  the  judge  may
31    enter  an  order  prescribing  that  the  minor  be kept in a
32    suitable place designated by the Department of  Children  and
33    Family Services or a licensed child welfare agency.
34        (9)  Notwithstanding  any other provision of this Section
 
                            -20-     LRB093 04708 RLC 04764 b
 1    any interested party,  including  the  State,  the  temporary
 2    custodian,  an  agency  providing  services  to  the minor or
 3    family under a service plan pursuant to Section  8.2  of  the
 4    Abused  and  Neglected Child Reporting Act, foster parent, or
 5    any of  their  representatives,  on  notice  to  all  parties
 6    entitled  to notice, may file a motion that it is in the best
 7    interests of the  minor  to  modify  or  vacate  a  temporary
 8    custody order on any of the following grounds:
 9             (a)  It  is  no  longer  a  matter  of immediate and
10        urgent necessity that the minor remain in  shelter  care;
11        or
12             (b)  There is a material change in the circumstances
13        of  the  natural  family from which the minor was removed
14        and  the  child  can  be  cared  for  at   home   without
15        endangering the child's health or safety; or
16             (c)  A  person  not  a  party  to the alleged abuse,
17        neglect or dependency, including a  parent,  relative  or
18        legal  guardian, is capable of assuming temporary custody
19        of the minor; or
20             (d)  Services provided by the Department of Children
21        and Family Services or a child welfare  agency  or  other
22        service  provider have been successful in eliminating the
23        need for temporary custody and the child can be cared for
24        at home without endangering the child's health or safety.
25        In ruling  on  the  motion,  the  court  shall  determine
26    whether  it  is  consistent  with the health, safety and best
27    interests of the  minor  to  modify  or  vacate  a  temporary
28    custody order.
29        The clerk shall set the matter for hearing not later than
30    14  days  after  such motion is filed.  In the event that the
31    court modifies or vacates a temporary custody order but  does
32    not vacate its finding of probable cause, the court may order
33    that appropriate services be continued or initiated in behalf
34    of the minor and his or her family.
 
                            -21-     LRB093 04708 RLC 04764 b
 1        (10)  When  the  court  finds  or has found that there is
 2    probable cause to believe a  minor  is  an  abused  minor  as
 3    described  in subsection (2) of Section 2-3 and that there is
 4    an immediate and urgent necessity for the abused minor to  be
 5    placed  in shelter care, immediate and urgent necessity shall
 6    be  presumed  for  any  other  minor  residing  in  the  same
 7    household as the abused minor provided:
 8             (a)  Such other minor is the subject of an abuse  or
 9        neglect petition pending before the court; and
10             (b)  A party to the petition is seeking shelter care
11        for such other minor.
12        Once  the  presumption  of immediate and urgent necessity
13    has been raised, the burden  of  demonstrating  the  lack  of
14    immediate  and urgent necessity shall be on any party that is
15    opposing shelter care for the other minor.
16    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-582,  eff.
17    1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87,  eff.
18    9-1-97; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)

19        (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
20        Sec.  3-12.  Shelter  care  hearing. At the appearance of
21    the minor before the court at the shelter care  hearing,  all
22    witnesses  present  shall  be  examined  before  the court in
23    relation to any matter connected with the allegations made in
24    the petition.
25        (1)  If the court finds that there is not probable  cause
26    to believe that the minor is a person requiring authoritative
27    intervention,  it  shall  release  the  minor and dismiss the
28    petition.
29        (2)  If the court finds that there is probable  cause  to
30    believe  that  the  minor is a person requiring authoritative
31    intervention,  the  minor,  his  or  her  parent,   guardian,
32    custodian  and  other persons able to give relevant testimony
33    shall be examined before the court. After such testimony, the
 
                            -22-     LRB093 04708 RLC 04764 b
 1    court may enter an order that the  minor  shall  be  released
 2    upon  the  request  of a parent, guardian or custodian if the
 3    parent, guardian  or  custodian  appears   to  take  custody.
 4    Custodian  shall  include  any  agency of the State which has
 5    been given custody or wardship of the child. The Court  shall
 6    require documentation by representatives of the Department of
 7    Children  and  Family Services or the probation department as
 8    to the reasonable  efforts  that  were  made  to  prevent  or
 9    eliminate  the  necessity of removal of the minor from his or
10    her home, and shall consider the testimony of any  person  as
11    to  those reasonable efforts. If the court finds that it is a
12    matter of immediate and urgent necessity for  the  protection
13    of the minor or of the person or property of another that the
14    minor be placed in a shelter care facility, or that he or she
15    is  likely to flee the jurisdiction of the court, and further
16    finds that reasonable efforts have been made  or  good  cause
17    has  been  shown  why  reasonable  efforts  cannot prevent or
18    eliminate the necessity of removal of the minor from  his  or
19    her home, the court may prescribe shelter care and order that
20    the minor be kept in a suitable place designated by the court
21    or in a shelter care facility designated by the Department of
22    Children  and  Family  Services  or  a licensed child welfare
23    agency; otherwise it shall release the minor from custody. If
24    the court prescribes shelter care, then in placing the minor,
25    the  Department  or  other  agency  shall,  to   the   extent
26    compatible  with  the court's order, comply with Section 7 of
27    the Children and Family Services Act. If the minor is ordered
28    placed in a  shelter  care  facility  of  the  Department  of
29    Children  and  Family  Services  or  a licensed child welfare
30    agency, the court shall, upon request of  the  Department  or
31    other  agency,  appoint the Department of Children and Family
32    Services  Guardianship  Administrator  or  other  appropriate
33    agency executive temporary custodian of  the  minor  and  the
34    court  may  enter  such other orders related to the temporary
 
                            -23-     LRB093 04708 RLC 04764 b
 1    custody as it deems fit and proper, including  the  provision
 2    of  services  to  the  minor  or his family to ameliorate the
 3    causes contributing to the finding of probable  cause  or  to
 4    the   finding  of  the  existence  of  immediate  and  urgent
 5    necessity. Acceptance of services shall not be considered  an
 6    admission  of  any  allegation in a petition made pursuant to
 7    this Act, nor may a referral of  services  be  considered  as
 8    evidence in any proceeding pursuant to this Act, except where
 9    the  issue  is  whether  the  Department  has made reasonable
10    efforts to reunite the family. In making  its  findings  that
11    reasonable efforts have been made or that good cause has been
12    shown  why reasonable efforts cannot prevent or eliminate the
13    necessity of removal of the minor from his or her  home,  the
14    court  shall  state  in  writing  its findings concerning the
15    nature of the services that were offered or the efforts  that
16    were  made  to  prevent removal of the child and the apparent
17    reasons that such services or efforts could not  prevent  the
18    need   for   removal.    The  parents,  guardian,  custodian,
19    temporary custodian and minor shall each be furnished a  copy
20    of  such  written  findings.   The  temporary custodian shall
21    maintain a copy of the court order and  written  findings  in
22    the case record for the child.
23        The  order together with the court's findings of fact and
24    support thereof shall be entered of record in the court.
25        Once the court finds that it is a matter of immediate and
26    urgent necessity for the protection of  the  minor  that  the
27    minor  be  placed in a shelter care facility, the minor shall
28    not be returned to the parent, custodian  or  guardian  until
29    the  court  finds  that such placement is no longer necessary
30    for the protection of the minor.
31        (3)  If prior to the shelter care  hearing  for  a  minor
32    described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
33    unable  to  serve notice on the party respondent, the shelter
34    care hearing may proceed ex-parte.  A shelter care order from
 
                            -24-     LRB093 04708 RLC 04764 b
 1    an ex-parte hearing shall be endorsed with the date and  hour
 2    of  issuance  and  shall be filed with the clerk's office and
 3    entered of record. The order shall expire after 10 days  from
 4    the  time  it  is  issued  unless before its expiration it is
 5    renewed,  at  a  hearing  upon  appearance   of   the   party
 6    respondent,  or  upon  an affidavit of the moving party as to
 7    all diligent efforts to notify the party respondent by notice
 8    as herein prescribed.  The  notice  prescribed  shall  be  in
 9    writing and shall be personally delivered to the minor or the
10    minor's  attorney  and to the last known address of the other
11    person or persons entitled to notice.  The notice shall  also
12    state  the nature of the allegations, the nature of the order
13    sought by the State, including whether temporary  custody  is
14    sought,  and the consequences of failure to appear; and shall
15    explain the right of the parties and the procedures to vacate
16    or modify a shelter care order as provided in  this  Section.
17    The  notice for a shelter care hearing shall be substantially
18    as follows:
19       NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
20        On ................ at .........,  before  the  Honorable
21    ................,  (address:) ................., the State of
22    Illinois will present evidence (1) that  (name  of  child  or
23    children)  .......................  are  abused, neglected or
24    dependent for the following reasons:
25    .............................................................
26    and (2) that there is "immediate  and  urgent  necessity"  to
27    remove the child or children from the responsible relative.
28        YOUR  FAILURE  TO  APPEAR  AT  THE  HEARING MAY RESULT IN
29    PLACEMENT of the child or children in  foster  care  until  a
30    trial  can  be  held.   A  trial may not be held for up to 90
31    days.
32        At the shelter care hearing, parents have  the  following
33    rights:
34             1.  To  ask  the  court  to appoint a lawyer if they
 
                            -25-     LRB093 04708 RLC 04764 b
 1        cannot afford one.
 2             2.  To ask the court  to  continue  the  hearing  to
 3        allow them time to prepare.
 4             3.  To present evidence concerning:
 5                  a.  Whether  or  not the child or children were
 6             abused, neglected or dependent.
 7                  b.  Whether or  not  there  is  "immediate  and
 8             urgent  necessity"  to  remove  the  child from home
 9             (including: their ability to  care  for  the  child,
10             conditions   in   the  home,  alternative  means  of
11             protecting the child other than removal).
12                  c.  The best interests of the child.
13             4.  To cross examine the State's witnesses.
14        The Notice  for  rehearings  shall  be  substantially  as
15    follows:
16              NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
17                  TO REHEARING ON TEMPORARY CUSTODY
18        If  you  were  not  present  at and did not have adequate
19    notice of the Shelter Care Hearing at which temporary custody
20    of ............... was awarded to ................, you  have
21    the  right  to  request a full rehearing on whether the State
22    should  have  temporary  custody  of  .................    To
23    request  this  rehearing, you must file with the Clerk of the
24    Juvenile Court (address): ........................, in person
25    or by mailing  a  statement  (affidavit)  setting  forth  the
26    following:
27             1.  That  you  were  not present at the shelter care
28        hearing.
29             2.  That you did not get adequate notice (explaining
30        how the notice was inadequate).
31             3.  Your signature.
32             4.  Signature must be notarized.
33        The rehearing should be scheduled within one day of  your
34    filing this affidavit.
 
                            -26-     LRB093 04708 RLC 04764 b
 1        At  the  rehearing,  your  rights  are the same as at the
 2    initial shelter care hearing.  The enclosed  notice  explains
 3    those rights.
 4        At  the Shelter Care Hearing, children have the following
 5    rights:
 6             1.  To have a guardian ad litem appointed.
 7             2.  To be declared competent as  a  witness  and  to
 8        present testimony concerning:
 9                  a.  Whether   they  are  abused,  neglected  or
10             dependent.
11                  b.  Whether  there  is  "immediate  and  urgent
12             necessity" to be removed from home.
13                  c.  Their best interests.
14             3.  To cross examine witnesses for other parties.
15             4.  To obtain an explanation of any proceedings  and
16        orders of the court.
17        (4)  If    the   parent,   guardian,   legal   custodian,
18    responsible relative, or counsel of the minor  did  not  have
19    actual  notice  of  or  was  not  present at the shelter care
20    hearing, he or she may file an affidavit setting forth  these
21    facts,  and  the clerk shall set the matter for rehearing not
22    later than 48 hours, excluding Sundays  and  legal  holidays,
23    after  the  filing  of  the  affidavit. At the rehearing, the
24    court shall proceed in the same manner as upon  the  original
25    hearing.
26        (5)  Only  when there is reasonable cause to believe that
27    the minor  taken  into  custody  is  a  person  described  in
28    subsection  (3)  of  Section  5-105  may the minor be kept or
29    detained in a detention home or  county  or  municipal  jail.
30    This Section shall in no way be construed to limit subsection
31    (6).
32        (6)  No  minor under 16 years of age may be confined in a
33    jail  or  place  ordinarily  used  for  the  confinement   of
34    prisoners  in  a police station.  Minors under 18 17 years of
 
                            -27-     LRB093 04708 RLC 04764 b
 1    age must be kept separate from confined adults and may not at
 2    any time be kept in the same cell, room, or yard with  adults
 3    confined pursuant to the criminal law.
 4        (7)  If  the  minor  is  not  brought  before  a judicial
 5    officer within the time period specified in Section 3-11, the
 6    minor must immediately be released from custody.
 7        (8)  If neither the parent, guardian or custodian appears
 8    within 24 hours to take custody  of  a  minor  released  upon
 9    request  pursuant to subsection (2) of this Section, then the
10    clerk of the court shall set the  matter  for  rehearing  not
11    later  than 7 days after the original order and shall issue a
12    summons directed to the  parent,  guardian  or  custodian  to
13    appear.   At  the  same  time  the probation department shall
14    prepare a report on the minor.   If  a  parent,  guardian  or
15    custodian  does  not  appear at such rehearing, the judge may
16    enter an order prescribing  that  the  minor  be  kept  in  a
17    suitable  place  designated by the Department of Children and
18    Family Services or a licensed child welfare agency.
19        (9)  Notwithstanding any other provision of this Section,
20    any interested party,  including  the  State,  the  temporary
21    custodian,  an  agency  providing  services  to  the minor or
22    family under a service plan pursuant to Section  8.2  of  the
23    Abused  and  Neglected Child Reporting Act, foster parent, or
24    any of  their  representatives,  on  notice  to  all  parties
25    entitled  to  notice, may file a motion to modify or vacate a
26    temporary custody order on any of the following grounds:
27             (a)  It is no  longer  a  matter  of  immediate  and
28        urgent  necessity  that the minor remain in shelter care;
29        or
30             (b)  There is a material change in the circumstances
31        of the natural family from which the minor  was  removed;
32        or
33             (c)  A person, including a parent, relative or legal
34        guardian, is capable of assuming temporary custody of the
 
                            -28-     LRB093 04708 RLC 04764 b
 1        minor; or
 2             (d)  Services provided by the Department of Children
 3        and  Family  Services  or a child welfare agency or other
 4        service provider have been successful in eliminating  the
 5        need for temporary custody.
 6        The clerk shall set the matter for hearing not later than
 7    14  days  after  such motion is filed.  In the event that the
 8    court modifies or vacates a temporary custody order but  does
 9    not vacate its finding of probable cause, the court may order
10    that appropriate services be continued or initiated in behalf
11    of the minor and his or her family.
12    (Source: P.A. 90-590, eff. 1-1-99.)

13        (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
14        Sec.  4-9.  Shelter  care  hearing.  At the appearance of
15    the minor before the court at the shelter care  hearing,  all
16    witnesses  present  shall  be  examined  before  the court in
17    relation to any matter connected with the allegations made in
18    the petition.
19        (1)  If the court finds that there is not probable  cause
20    to  believe  that the minor is addicted, it shall release the
21    minor and dismiss the petition.
22        (2)  If the court finds that there is probable  cause  to
23    believe  that  the  minor  is addicted, the minor, his or her
24    parent, guardian, custodian and other persons  able  to  give
25    relevant testimony shall be examined before the court.  After
26    such  testimony,  the court may enter an order that the minor
27    shall be released upon the request of a parent,  guardian  or
28    custodian  if  the  parent,  guardian or custodian appears to
29    take custody and agrees to  abide  by  a  court  order  which
30    requires  the minor and his or her parent, guardian, or legal
31    custodian to complete an evaluation by an entity licensed  by
32    the  Department  of  Human  Services, as the successor to the
33    Department of Alcoholism and Substance  Abuse,  and  complete
 
                            -29-     LRB093 04708 RLC 04764 b
 1    any  treatment  recommendations  indicated by the assessment.
 2    Custodian shall include any agency of  the  State  which  has
 3    been given custody or wardship of the child.
 4        The  Court shall require documentation by representatives
 5    of the Department of Children  and  Family  Services  or  the
 6    probation  department  as to the reasonable efforts that were
 7    made to prevent or eliminate the necessity of removal of  the
 8    minor  from his or her home, and shall consider the testimony
 9    of any person as to those reasonable efforts.  If  the  court
10    finds  that  it is a matter of immediate and urgent necessity
11    for the protection of the minor or of the person or  property
12    of  another  that  the  minor  be or placed in a shelter care
13    facility or that he or she is likely to flee the jurisdiction
14    of the court, and further, finds that reasonable efforts have
15    been made or good cause has been shown why reasonable efforts
16    cannot prevent or eliminate the necessity of removal  of  the
17    minor  from  his or her home, the court may prescribe shelter
18    care and order that the minor be kept  in  a  suitable  place
19    designated  by  the  court  or  in  a  shelter  care facility
20    designated by the Department of Children and Family  Services
21    or  a  licensed  child  welfare  agency,  or in a facility or
22    program licensed by the  Department  of  Human  Services  for
23    shelter  and  treatment  services; otherwise it shall release
24    the minor from custody.   If  the  court  prescribes  shelter
25    care,  then  in  placing  the  minor, the Department or other
26    agency shall, to  the  extent  compatible  with  the  court's
27    order,  comply  with  Section  7  of  the Children and Family
28    Services Act.  If the minor is ordered placed  in  a  shelter
29    care  facility  of  the  Department  of  Children  and Family
30    Services or a licensed child welfare agency, or in a facility
31    or program licensed by the Department of Human  Services  for
32    shelter and treatment services, the court shall, upon request
33    of  the  appropriate  Department or other agency, appoint the
34    Department  of  Children  and  Family  Services  Guardianship
 
                            -30-     LRB093 04708 RLC 04764 b
 1    Administrator or other appropriate agency executive temporary
 2    custodian of the minor and the court  may  enter  such  other
 3    orders  related  to the temporary custody as it deems fit and
 4    proper, including the provision of services to the  minor  or
 5    his  family  to  ameliorate  the  causes  contributing to the
 6    finding of probable cause or to the finding of the  existence
 7    of  immediate  and  urgent necessity.  Acceptance of services
 8    shall not be considered an admission of any allegation  in  a
 9    petition  made  pursuant  to  this Act, nor may a referral of
10    services be considered as evidence in any proceeding pursuant
11    to this Act, except where the issue is whether the Department
12    has made reasonable efforts to reunite the family.  In making
13    its findings that reasonable efforts have been made  or  that
14    good  cause  has  been  shown  why  reasonable efforts cannot
15    prevent or eliminate the necessity of removal  of  the  minor
16    from  his  or  her home, the court shall state in writing its
17    findings concerning the nature  of  the  services  that  were
18    offered  or  the efforts that were made to prevent removal of
19    the child and the apparent  reasons  that  such  services  or
20    efforts could not prevent the need for removal.  The parents,
21    guardian, custodian, temporary custodian and minor shall each
22    be  furnished a copy of such written findings.  The temporary
23    custodian shall maintain  a  copy  of  the  court  order  and
24    written  findings in the case record for the child. The order
25    together with the court's findings of fact in support thereof
26    shall be entered of record in the court.
27        Once the court finds that it is a matter of immediate and
28    urgent necessity for the protection of  the  minor  that  the
29    minor  be  placed in a shelter care facility, the minor shall
30    not be returned to the parent, custodian  or  guardian  until
31    the  court  finds  that such placement is no longer necessary
32    for the protection of the minor.
33        (3)  If neither the parent,  guardian,  legal  custodian,
34    responsible  relative nor counsel of the minor has had actual
 
                            -31-     LRB093 04708 RLC 04764 b
 1    notice of or is present at the shelter care  hearing,  he  or
 2    she  may file his or her affidavit setting forth these facts,
 3    and the clerk shall set the matter for  rehearing  not  later
 4    than  24  hours,  excluding Sundays and legal holidays, after
 5    the filing of the affidavit.  At  the  rehearing,  the  court
 6    shall proceed  in  the  same  manner  as  upon  the  original
 7    hearing.
 8        (4)  If  the  minor  is  not  brought  before  a judicial
 9    officer within the time period as specified in  Section  4-8,
10    the minor must immediately be released from custody.
11        (5)  Only  when there is reasonable cause to believe that
12    the minor  taken  into  custody  is  a  person  described  in
13    subsection  (3)  of  Section  5-105  may the minor be kept or
14    detained in a detention home or  county  or  municipal  jail.
15    This Section shall in no way be construed to limit subsection
16    (6).
17        (6)  No  minor under 16 years of age may be confined in a
18    jail  or  place  ordinarily  used  for  the  confinement   of
19    prisoners  in  a police station.  Minors under 18 17 years of
20    age must be kept separate from confined adults and may not at
21    any time be kept in the same cell, room or yard  with  adults
22    confined pursuant to the criminal law.
23        (7)  If neither the parent, guardian or custodian appears
24    within  24  hours  to  take  custody of a minor released upon
25    request pursuant to subsection (2) of this Section, then  the
26    clerk  of  the  court  shall set the matter for rehearing not
27    later than 7 days after the original order and shall issue  a
28    summons  directed  to  the  parent,  guardian or custodian to
29    appear.  At the same  time  the  probation  department  shall
30    prepare  a  report  on  the  minor.  If a parent, guardian or
31    custodian does not appear at such rehearing,  the  judge  may
32    enter  an  order  prescribing  that  the  minor  be kept in a
33    suitable place designated by the Department of  Children  and
34    Family Services or a licensed child welfare agency.
 
                            -32-     LRB093 04708 RLC 04764 b
 1        (8)  Any  interested  party,  including  the  State,  the
 2    temporary  custodian,  an  agency  providing  services to the
 3    minor or family under a service plan pursuant to Section  8.2
 4    of  the  Abused  and  Neglected  Child  Reporting Act, foster
 5    parent, or any of their representatives, may file a motion to
 6    modify or vacate a temporary custody  order  on  any  of  the
 7    following grounds:
 8             (a)  It  is  no  longer  a  matter  of immediate and
 9        urgent necessity that the minor remain in  shelter  care;
10        or
11             (b)  There is a material change in the circumstances
12        of  the  natural family from which the minor was removed;
13        or
14             (c)  A person, including a parent, relative or legal
15        guardian, is capable of assuming temporary custody of the
16        minor; or
17             (d)  Services provided by the Department of Children
18        and Family Services or a child welfare  agency  or  other
19        service  provider have been successful in eliminating the
20        need for temporary custody.
21        The clerk shall set the matter for hearing not later than
22    14 days after such motion is filed.  In the  event  that  the
23    court  modifies or vacates a temporary custody order but does
24    not vacate its finding of probable cause, the court may order
25    that appropriate services be continued or initiated in behalf
26    of the minor and his or her family.
27    (Source: P.A.  89-422;  89-507,  eff.  7-1-97;  90-590,  eff.
28    1-1-99.)

29        (705 ILCS 405/5-105)
30        Sec. 5-105.  Definitions. As used in this Article:
31        (1)  "Court"  means  the  circuit  court  in a session or
32    division assigned to hear proceedings  under  this  Act,  and
33    includes the term Juvenile Court.
 
                            -33-     LRB093 04708 RLC 04764 b
 1        (2)  "Community  service" means uncompensated labor for a
 2    community service agency as hereinafter defined.
 3        (2.5)  "Community service agency" means a  not-for-profit
 4    organization,   community  organization,  church,  charitable
 5    organization, individual, public office, or other public body
 6    whose purpose is to enhance the physical or mental health  of
 7    a  delinquent  minor  or  to  rehabilitate  the  minor, or to
 8    improve the environmental quality or social  welfare  of  the
 9    community  which  agrees  to  accept  community  service from
10    juvenile delinquents and to report on  the  progress  of  the
11    community  service  to  the  State's  Attorney pursuant to an
12    agreement or to the court or to any agency designated by  the
13    court  or  to  the  authorized  diversion  program  that  has
14    referred the delinquent minor for community service.
15        (3)  "Delinquent  minor" means any minor who prior to his
16    or her 18th  17th  birthday  has  violated  or  attempted  to
17    violate, regardless of where the act occurred, any federal or
18    State law, county or municipal ordinance.
19        (4)  "Department"  means the Department of Human Services
20    unless specifically referenced as another department.
21        (5)  "Detention" means the temporary care of a minor  who
22    is  alleged  to be or has been adjudicated delinquent and who
23    requires secure custody for the minor's own protection or the
24    community's protection in a facility designed  to  physically
25    restrict  the  minor's  movements, pending disposition by the
26    court or execution of an order of the court for placement  or
27    commitment.    Design   features   that  physically  restrict
28    movement include, but are not limited to,  locked  rooms  and
29    the  secure  handcuffing  of  a  minor  to  a  rail  or other
30    stationary object.  In  addition,  "detention"  includes  the
31    court  ordered  care  of an alleged or adjudicated delinquent
32    minor who requires secure custody pursuant to  Section  5-125
33    of this Act.
34        (6)  "Diversion"   means  the  referral  of  a  juvenile,
 
                            -34-     LRB093 04708 RLC 04764 b
 1    without court intervention,  into  a  program  that  provides
 2    services  designed  to  educate  the  juvenile  and develop a
 3    productive  and  responsible  approach  to  living   in   the
 4    community.
 5        (7)  "Juvenile  detention  home"  means a public facility
 6    with specially trained staff  that  conforms  to  the  county
 7    juvenile detention standards promulgated by the Department of
 8    Corrections.
 9        (8)  "Juvenile   justice   continuum"   means  a  set  of
10    delinquency prevention programs and services designed for the
11    purpose of preventing or reducing delinquent acts,  including
12    criminal  activity  by  youth gangs, as well as intervention,
13    rehabilitation, and prevention services  targeted  at  minors
14    who  have  committed  delinquent  acts,  and  minors who have
15    previously been committed to residential  treatment  programs
16    for        delinquents.         The       term       includes
17    children-in-need-of-services and families-in-need-of-services
18    programs; aftercare and reentry services; substance abuse and
19    mental health programs; community service programs; community
20    service work  programs;  and  alternative-dispute  resolution
21    programs  serving  youth-at-risk  of  delinquency  and  their
22    families,  whether  offered  or  delivered  by State or local
23    governmental  entities,  public  or  private  for-profit   or
24    not-for-profit  organizations,  or  religious  or  charitable
25    organizations.  This term would also encompass any program or
26    service  consistent  with  the  purpose of those programs and
27    services enumerated in this subsection.
28        (9)  "Juvenile  police  officer"  means  a  sworn  police
29    officer who has completed a Basic  Recruit  Training  Course,
30    has  been assigned to the position of juvenile police officer
31    by his or her chief law enforcement officer and has completed
32    the necessary juvenile officers training as prescribed by the
33    Illinois Law Enforcement Training Standards Board, or in  the
34    case  of  a  State  police officer, juvenile officer training
 
                            -35-     LRB093 04708 RLC 04764 b
 1    approved by the Director of State Police.
 2        (10)  "Minor" means a person under the age  of  21  years
 3    subject to this Act.
 4        (11)  "Non-secure  custody"  means  confinement where the
 5    minor is not physically  restricted  by  being  placed  in  a
 6    locked  cell  or room, by being handcuffed to a rail or other
 7    stationary object, or by other means.  Non-secure custody may
 8    include, but is not limited to, electronic monitoring, foster
 9    home placement, home confinement, group  home  placement,  or
10    physical  restriction  of movement or activity solely through
11    facility staff.
12        (12)  "Public or community service"  means  uncompensated
13    labor  for a not-for-profit organization or public body whose
14    purpose is to enhance physical or  mental  stability  of  the
15    offender,  environmental  quality  or  the social welfare and
16    which agrees to  accept  public  or  community  service  from
17    offenders  and  to report on the progress of the offender and
18    the public or community  service  to  the  court  or  to  the
19    authorized  diversion  program that has referred the offender
20    for public or community service.
21        (13)  "Sentencing hearing" means a hearing  to  determine
22    whether  a  minor should be adjudged a ward of the court, and
23    to determine what sentence should be imposed  on  the  minor.
24    It  is  the  intent  of  the  General  Assembly that the term
25    "sentencing hearing" replace the term "dispositional hearing"
26    and be synonymous with that definition as it was used in  the
27    Juvenile Court Act of 1987.
28        (14)  "Shelter"  means  the  temporary care of a minor in
29    physically unrestricting facilities pending court disposition
30    or execution of court order for placement.
31        (15)  "Site" means a not-for-profit organization,  public
32    body, church, charitable organization, or individual agreeing
33    to  accept  community service from offenders and to report on
34    the progress of  ordered  or  required  public  or  community
 
                            -36-     LRB093 04708 RLC 04764 b
 1    service  to  the court or to the authorized diversion program
 2    that has  referred  the  offender  for  public  or  community
 3    service.
 4        (16)  "Station  adjustment"  means the informal or formal
 5    handling of an alleged offender by a juvenile police officer.
 6        (17)  "Trial" means a hearing to  determine  whether  the
 7    allegations of a petition under Section 5-520 that a minor is
 8    delinquent  are  proved beyond a reasonable doubt.  It is the
 9    intent of the General Assembly that the term "trial"  replace
10    the  term  "adjudicatory hearing" and be synonymous with that
11    definition as it was used in the Juvenile Court Act of 1987.
12    (Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)

13        (705 ILCS 405/5-120)
14        Sec. 5-120.  Exclusive jurisdiction. Proceedings  may  be
15    instituted  under  the  provisions of this Article concerning
16    any minor who prior to the minor's  18th  17th  birthday  has
17    violated or attempted to violate, regardless of where the act
18    occurred,  any  federal  or  State law or municipal or county
19    ordinance.  Except as  provided  in  Sections  5-125,  5-130,
20    5-805,  and  5-810 of this Article, no minor who was under 18
21    17 years of age at the time of the  alleged  offense  may  be
22    prosecuted under the criminal laws of this State.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-130)
25        Sec.  5-130.  Excluded jurisdiction.
26        (1) (a)  The definition of delinquent minor under Section
27    5-120 of this Article shall not apply to any minor who at the
28    time  of  an  offense was at least 15 years of age and who is
29    charged with first degree murder, aggravated criminal  sexual
30    assault,  aggravated  battery  with  a firearm committed in a
31    school, on the real  property  comprising  a  school,  within
32    1,000  feet  of  the  real property comprising a school, at a
 
                            -37-     LRB093 04708 RLC 04764 b
 1    school related activity, or on, boarding, or  departing  from
 2    any  conveyance  owned,  leased, or contracted by a school or
 3    school district to transport students to or from school or  a
 4    school related activity regardless of the time of day or time
 5    of  year  that  the offense was committed, armed robbery when
 6    the armed robbery was committed with a firearm, or aggravated
 7    vehicular hijacking when the hijacking was committed  with  a
 8    firearm.
 9        These  charges  and  all other charges arising out of the
10    same incident shall be prosecuted under the criminal laws  of
11    this State.
12        For purposes of this paragraph (a) of subsection (l):
13        "School"   means   a  public  or  private  elementary  or
14    secondary school, community college, college, or university.
15        "School related activity"  means  any  sporting,  social,
16    academic  or other activity for which students' attendance or
17    participation is sponsored, organized, or funded in whole  or
18    in part by a school or school district.
19        (b) (i)  If  before  trial  or  plea  an  information  or
20    indictment is filed that does not charge an offense specified
21    in  paragraph (a) of this subsection (1) the State's Attorney
22    may proceed on any lesser charge  or  charges,  but  only  in
23    Juvenile  Court  under  the  provisions of this Article.  The
24    State's Attorney may proceed under the Criminal Code of  1961
25    on  a  lesser  charge  if  before  trial  the minor defendant
26    knowingly and with advice of counsel waives, in writing,  his
27    or her right to have the matter proceed in Juvenile Court.
28        (ii)  If   before   trial   or  plea  an  information  or
29    indictment  is  filed  that  includes  one  or  more  charges
30    specified  in  paragraph  (a)  of  this  subsection  (1)  and
31    additional charges that are not specified in that  paragraph,
32    all  of the charges arising out of the same incident shall be
33    prosecuted under the Criminal Code of 1961.
34        (c) (i)  If after trial or plea the minor is convicted of
 
                            -38-     LRB093 04708 RLC 04764 b
 1    any offense covered by paragraph (a) of this subsection  (1),
 2    then, in sentencing the minor, the court shall have available
 3    any  or  all  dispositions  prescribed for that offense under
 4    Chapter V of the Unified Code of Corrections.
 5        (ii)  If after trial or plea the  court  finds  that  the
 6    minor  committed  an  offense not covered by paragraph (a) of
 7    this subsection (1), that finding shall  not  invalidate  the
 8    verdict  or  the  prosecution of the minor under the criminal
 9    laws of the State;  however,  unless  the  State  requests  a
10    hearing for the purpose of sentencing the minor under Chapter
11    V  of the Unified Code of Corrections, the Court must proceed
12    under Sections 5-705 and 5-710 of this Article.  To request a
13    hearing, the State must file a written motion within 10  days
14    following  the entry of a finding or the return of a verdict.
15    Reasonable notice of the motion shall be given to  the  minor
16    or  his  or  her counsel. If the motion is made by the State,
17    the court shall conduct a hearing to determine if  the  minor
18    should  be  sentenced  under Chapter V of the Unified Code of
19    Corrections.  In making its determination,  the  court  shall
20    consider  among  other matters: (a) whether there is evidence
21    that  the  offense  was  committed  in  an   aggressive   and
22    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
23    previous  history  of  the  minor;  (d)  whether  there   are
24    facilities  particularly  available  to the Juvenile Court or
25    the Department of Corrections,  Juvenile  Division,  for  the
26    treatment  and  rehabilitation  of the minor; (e) whether the
27    security of the public requires sentencing under Chapter V of
28    the Unified Code of Corrections; and (f)  whether  the  minor
29    possessed  a  deadly weapon when committing the offense.  The
30    rules of evidence shall be the same as if at trial.  If after
31    the  hearing  the  court  finds  that  the  minor  should  be
32    sentenced under Chapter V of the Unified Code of Corrections,
33    then the court shall sentence the  minor  accordingly  having
34    available to it any or all dispositions so prescribed.
 
                            -39-     LRB093 04708 RLC 04764 b
 1        (2) (a)  The  definition  of  a  delinquent  minor  under
 2    Section  5-120  of  this Article shall not apply to any minor
 3    who at the time of the offense was at least 15 years  of  age
 4    and  who  is charged with an offense under Section 401 of the
 5    Illinois  Controlled  Substances  Act,  while  in  a  school,
 6    regardless of the time of day or the time  of  year,  or  any
 7    conveyance  owned,  leased  or  contracted  by  a  school  to
 8    transport  students  to  or  from  school or a school related
 9    activity, or residential property owned, operated or  managed
10    by  a  public  housing  agency  or leased by a public housing
11    agency  as  part  of  a  scattered   site   or   mixed-income
12    development,  on  the  real  property  comprising any school,
13    regardless of the time  of  day  or  the  time  of  year,  or
14    residential  property  owned, operated or managed by a public
15    housing agency or leased by a public housing agency  as  part
16    of  a  scattered  site  or  mixed-income development, or on a
17    public way within 1,000 feet of the real property  comprising
18    any  school,  regardless  of  the  time of day or the time of
19    year, or residential property owned, operated or managed by a
20    public housing agency or leased by a public housing agency as
21    part of a scattered site or mixed-income development.  School
22    is defined, for the purposes of this Section, as  any  public
23    or private elementary or secondary school, community college,
24    college,  or university.  These charges and all other charges
25    arising out of the same incident shall  be  prosecuted  under
26    the criminal laws of this State.
27        (b) (i)  If  before  trial  or  plea  an  information  or
28    indictment is filed that does not charge an offense specified
29    in  paragraph (a) of this subsection (2) the State's Attorney
30    may proceed on any lesser charge  or  charges,  but  only  in
31    Juvenile  Court  under  the  provisions of this Article.  The
32    State's Attorney may proceed under the criminal laws of  this
33    State  on a lesser charge if before trial the minor defendant
34    knowingly and with advice of counsel waives, in writing,  his
 
                            -40-     LRB093 04708 RLC 04764 b
 1    or her right to have the matter proceed in Juvenile Court.
 2        (ii)  If   before   trial   or  plea  an  information  or
 3    indictment  is  filed  that  includes  one  or  more  charges
 4    specified  in  paragraph  (a)  of  this  subsection  (2)  and
 5    additional charges that are not specified in that  paragraph,
 6    all  of the charges arising out of the same incident shall be
 7    prosecuted under the criminal laws of this State.
 8        (c) (i)  If after trial or plea the minor is convicted of
 9    any offense covered by paragraph (a) of this subsection  (2),
10    then, in sentencing the minor, the court shall have available
11    any  or  all  dispositions  prescribed for that offense under
12    Chapter V of the Unified Code of Corrections.
13        (ii)  If after trial or plea the  court  finds  that  the
14    minor  committed  an  offense not covered by paragraph (a) of
15    this subsection (2), that finding shall  not  invalidate  the
16    verdict  or  the  prosecution of the minor under the criminal
17    laws of the State;  however,  unless  the  State  requests  a
18    hearing for the purpose of sentencing the minor under Chapter
19    V  of the Unified Code of Corrections, the Court must proceed
20    under Sections 5-705 and 5-710 of this Article.  To request a
21    hearing, the State must file a written motion within 10  days
22    following  the entry of a finding or the return of a verdict.
23    Reasonable notice of the motion shall be given to  the  minor
24    or  his  or her counsel.  If the motion is made by the State,
25    the court shall conduct a hearing to determine if  the  minor
26    should  be  sentenced  under Chapter V of the Unified Code of
27    Corrections.  In making its determination,  the  court  shall
28    consider  among  other matters: (a) whether there is evidence
29    that  the  offense  was  committed  in  an   aggressive   and
30    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
31    previous  history  of  the  minor;  (d)  whether  there   are
32    facilities  particularly  available  to the Juvenile Court or
33    the Department of Corrections,  Juvenile  Division,  for  the
34    treatment  and  rehabilitation  of the minor; (e) whether the
 
                            -41-     LRB093 04708 RLC 04764 b
 1    security of the public requires sentencing under Chapter V of
 2    the Unified Code of Corrections; and (f)  whether  the  minor
 3    possessed  a  deadly weapon when committing the offense.  The
 4    rules of evidence shall be the same as if at trial.  If after
 5    the  hearing  the  court  finds  that  the  minor  should  be
 6    sentenced under Chapter V of the Unified Code of Corrections,
 7    then the court shall sentence the  minor  accordingly  having
 8    available to it any or all dispositions so prescribed.
 9        (3) (a)  The definition of delinquent minor under Section
10    5-120 of this Article shall not apply to any minor who at the
11    time  of  the offense was at least 15 years of age and who is
12    charged with a violation of the provisions of paragraph  (1),
13    (3),  (4),  or  (10) of subsection (a) of Section 24-1 of the
14    Criminal Code of 1961 while in school, regardless of the time
15    of day  or  the  time  of  year,  or  on  the  real  property
16    comprising  any  school, regardless of the time of day or the
17    time of year.   School  is  defined,  for  purposes  of  this
18    Section  as  any  public  or  private elementary or secondary
19    school, community college,  college,  or  university.   These
20    charges  and  all  other  charges  arising  out  of  the same
21    incident shall be prosecuted under the criminal laws of  this
22    State.
23        (b) (i)  If  before  trial  or  plea  an  information  or
24    indictment is filed that does not charge an offense specified
25    in  paragraph (a) of this subsection (3) the State's Attorney
26    may proceed on any lesser charge  or  charges,  but  only  in
27    Juvenile  Court  under  the  provisions of this Article.  The
28    State's Attorney may proceed under the criminal laws of  this
29    State  on a lesser charge if before trial the minor defendant
30    knowingly and with advice of counsel waives, in writing,  his
31    or her right to have the matter proceed in Juvenile Court.
32        (ii)  If   before   trial   or  plea  an  information  or
33    indictment  is  filed  that  includes  one  or  more  charges
34    specified  in  paragraph  (a)  of  this  subsection  (3)  and
 
                            -42-     LRB093 04708 RLC 04764 b
 1    additional charges that are not specified in that  paragraph,
 2    all  of the charges arising out of the same incident shall be
 3    prosecuted under the criminal laws of this State.
 4        (c) (i)  If after trial or plea the minor is convicted of
 5    any offense covered by paragraph (a) of this subsection  (3),
 6    then, in sentencing the minor, the court shall have available
 7    any  or  all  dispositions  prescribed for that offense under
 8    Chapter V of the Unified Code of Corrections.
 9        (ii)  If after trial or plea the  court  finds  that  the
10    minor  committed  an  offense not covered by paragraph (a) of
11    this subsection (3), that finding shall  not  invalidate  the
12    verdict  or  the  prosecution of the minor under the criminal
13    laws of the State;  however,  unless  the  State  requests  a
14    hearing for the purpose of sentencing the minor under Chapter
15    V  of the Unified Code of Corrections, the Court must proceed
16    under Sections 5-705 and 5-710 of this Article.  To request a
17    hearing, the State must file a written motion within 10  days
18    following  the entry of a finding or the return of a verdict.
19    Reasonable notice of the motion shall be given to  the  minor
20    or  his  or her counsel.  If the motion is made by the State,
21    the court shall conduct a hearing to determine if  the  minor
22    should  be  sentenced  under Chapter V of the Unified Code of
23    Corrections.  In making its determination,  the  court  shall
24    consider  among  other matters: (a) whether there is evidence
25    that  the  offense  was  committed  in  an   aggressive   and
26    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
27    previous  history  of  the  minor;  (d)  whether  there   are
28    facilities  particularly  available  to the Juvenile Court or
29    the Department of Corrections,  Juvenile  Division,  for  the
30    treatment  and  rehabilitation  of the minor; (e) whether the
31    security of the public requires sentencing under Chapter V of
32    the Unified Code of Corrections; and (f)  whether  the  minor
33    possessed  a  deadly weapon when committing the offense.  The
34    rules of evidence shall be the same as if at trial.  If after
 
                            -43-     LRB093 04708 RLC 04764 b
 1    the  hearing  the  court  finds  that  the  minor  should  be
 2    sentenced under Chapter V of the Unified Code of Corrections,
 3    then the court shall sentence the  minor  accordingly  having
 4    available to it any or all dispositions so prescribed.
 5        (4) (a)  The definition of delinquent minor under Section
 6    5-120 of this Article shall not apply to any minor who at the
 7    time  of  an  offense was at least 13 years of age and who is
 8    charged with first degree murder committed during the  course
 9    of either aggravated criminal sexual assault, criminal sexual
10    assault,  or  aggravated kidnaping.  However, this subsection
11    (4) does not include a minor charged with first degree murder
12    based exclusively upon the accountability provisions  of  the
13    Criminal Code of 1961.
14        (b) (i)  If  before  trial  or  plea  an  information  or
15    indictment  is filed that does not charge first degree murder
16    committed during the course  of  aggravated  criminal  sexual
17    assault,  criminal  sexual  assault, or aggravated kidnaping,
18    the State's Attorney may proceed  on  any  lesser  charge  or
19    charges,  but  only in Juvenile Court under the provisions of
20    this Article.  The State's Attorney  may  proceed  under  the
21    criminal  laws  of  this  State  on a lesser charge if before
22    trial the  minor  defendant  knowingly  and  with  advice  of
23    counsel  waives,  in  writing,  his  or her right to have the
24    matter proceed in Juvenile Court.
25        (ii)  If  before  trial  or  plea   an   information   or
26    indictment   is  filed  that  includes  first  degree  murder
27    committed during the course  of  aggravated  criminal  sexual
28    assault,  criminal  sexual  assault, or aggravated kidnaping,
29    and additional charges that are not  specified  in  paragraph
30    (a) of this subsection, all of the charges arising out of the
31    same  incident shall be prosecuted under the criminal laws of
32    this State.
33        (c) (i)  If after trial or plea the minor is convicted of
34    first degree murder committed during the course of aggravated
 
                            -44-     LRB093 04708 RLC 04764 b
 1    criminal  sexual  assault,  criminal   sexual   assault,   or
 2    aggravated  kidnaping,  in  sentencing  the  minor, the court
 3    shall have available any or all dispositions  prescribed  for
 4    that  offense  under  Chapter  V   of  the  Unified  Code  of
 5    Corrections.
 6        (ii)  If  the  minor  was  not yet 15 years of age at the
 7    time of the offense, and if after trial  or  plea  the  court
 8    finds  that  the  minor committed an offense other than first
 9    degree  murder  committed  during  the   course   of   either
10    aggravated  criminal sexual assault, criminal sexual assault,
11    or aggravated kidnapping, the finding  shall  not  invalidate
12    the  verdict  or  the  prosecution  of  the  minor  under the
13    criminal  laws  of  the  State;  however,  unless  the  State
14    requests a hearing for the purpose of  sentencing  the  minor
15    under Chapter V of the Unified Code of Corrections, the Court
16    must  proceed under Sections 5-705 and 5-710 of this Article.
17    To request a hearing, the State must file  a  written  motion
18    within 10 days following the entry of a finding or the return
19    of a verdict.  Reasonable notice of the motion shall be given
20    to the minor or his or her counsel.  If the motion is made by
21    the  State,  the  court  shall conduct a hearing to determine
22    whether the minor should be sentenced under Chapter V of  the
23    Unified  Code  of  Corrections.  In making its determination,
24    the court shall consider among other  matters:   (a)  whether
25    there  is  evidence  that  the  offense  was  committed in an
26    aggressive and premeditated  manner;   (b)  the  age  of  the
27    minor;   (c)  the  previous  delinquent history of the minor;
28    (d) whether there are facilities  particularly  available  to
29    the Juvenile Court or the Department of Corrections, Juvenile
30    Division,  for the treatment and rehabilitation of the minor;
31    (e) whether the best interest of the minor and  the  security
32    of  the  public  require  sentencing  under  Chapter V of the
33    Unified Code of  Corrections;   and  (f)  whether  the  minor
34    possessed  a  deadly weapon when committing the offense.  The
 
                            -45-     LRB093 04708 RLC 04764 b
 1    rules of evidence shall be the same as if at trial.  If after
 2    the  hearing  the  court  finds  that  the  minor  should  be
 3    sentenced under Chapter V of the Unified Code of Corrections,
 4    then the court shall sentence the  minor  accordingly  having
 5    available to it any or all dispositions so prescribed.
 6        (5) (a)  The definition of delinquent minor under Section
 7    5-120  of  this  Article  shall not apply to any minor who is
 8    charged with a violation of subsection (a) of Section 31-6 or
 9    Section 32-10 of the Criminal Code of 1961 when the minor  is
10    subject  to prosecution under the criminal laws of this State
11    as a result of the application of the provisions  of  Section
12    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
13    charges and  all  other  charges  arising  out  of  the  same
14    incident  shall be prosecuted under the criminal laws of this
15    State.
16        (b) (i)  If  before  trial  or  plea  an  information  or
17    indictment is filed that does not charge an offense specified
18    in paragraph (a) of this subsection (5), the State's Attorney
19    may proceed on any lesser charge  or  charges,  but  only  in
20    Juvenile  Court  under  the  provisions of this Article.  The
21    State's Attorney may proceed under the criminal laws of  this
22    State  on a lesser charge if before trial the minor defendant
23    knowingly and with advice of counsel waives, in writing,  his
24    or her right to have the matter proceed in Juvenile Court.
25        (ii)  If   before   trial   or  plea  an  information  or
26    indictment  is  filed  that  includes  one  or  more  charges
27    specified  in  paragraph  (a)  of  this  subsection  (5)  and
28    additional charges that are not specified in that  paragraph,
29    all  of the charges arising out of the same incident shall be
30    prosecuted under the criminal laws of this State.
31        (c) (i)  If after trial or plea the minor is convicted of
32    any offense covered by paragraph (a) of this subsection  (5),
33    then, in sentencing the minor, the court shall have available
34    any  or  all  dispositions  prescribed for that offense under
 
                            -46-     LRB093 04708 RLC 04764 b
 1    Chapter V  of the Unified Code of Corrections.
 2        (ii)  If after trial or plea the  court  finds  that  the
 3    minor  committed  an  offense not covered by paragraph (a) of
 4    this subsection (5), the conviction shall not invalidate  the
 5    verdict  or  the  prosecution of the minor under the criminal
 6    laws of this State;  however, unless  the  State  requests  a
 7    hearing for the purpose of sentencing the minor under Chapter
 8    V  of the Unified Code of Corrections, the Court must proceed
 9    under Sections 5-705 and 5-710 of this Article. To request  a
10    hearing,  the State must file a written motion within 10 days
11    following the entry of a finding or the return of a  verdict.
12    Reasonable  notice  of the motion shall be given to the minor
13    or his or her counsel.  If the motion is made by  the  State,
14    the court shall conduct a hearing to determine if whether the
15    minor should be sentenced under Chapter V of the Unified Code
16    of Corrections.  In making its determination, the court shall
17    consider  among  other matters: (a) whether there is evidence
18    that  the  offense  was  committed  in  an   aggressive   and
19    premeditated  manner;  (b)  the  age  of  the minor;  (c) the
20    previous delinquent history of the minor; (d)  whether  there
21    are  facilities  particularly available to the Juvenile Court
22    or the Department of Corrections, Juvenile Division, for  the
23    treatment  and  rehabilitation  of the minor; (e) whether the
24    security of the public requires sentencing under Chapter V of
25    the Unified Code of Corrections; and (f)  whether  the  minor
26    possessed  a  deadly weapon when committing the offense.  The
27    rules of evidence shall be the same as if at trial.  If after
28    the  hearing  the  court  finds  that  the  minor  should  be
29    sentenced under Chapter V of the Unified Code of Corrections,
30    then the court shall sentence the  minor  accordingly  having
31    available to it any or all dispositions so prescribed.
32        (6)  The  definition  of  delinquent  minor under Section
33    5-120 of this Article shall  not  apply  to  any  minor  who,
34    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
 
                            -47-     LRB093 04708 RLC 04764 b
 1    5-810, has previously been placed under the  jurisdiction  of
 2    the criminal court and has been convicted of a crime under an
 3    adult  criminal  or  penal  statute.  Such  a  minor shall be
 4    subject to prosecution under the criminal laws of this State.
 5        (7)  The procedures set  out  in  this  Article  for  the
 6    investigation,  arrest  and prosecution of juvenile offenders
 7    shall not apply to minors who are excluded from  jurisdiction
 8    of  the  Juvenile Court, except that minors under 18 17 years
 9    of age shall be kept separate from confined adults.
10        (8)  Nothing  in  this  Act  prohibits  or   limits   the
11    prosecution of any minor for an offense committed on or after
12    his or her 18th 17th birthday even though he or she is at the
13    time of the offense a ward of the court.
14        (9)  If an original petition for adjudication of wardship
15    alleges  the commission by a minor 13 years of age or over of
16    an act that constitutes a crime under the laws of this State,
17    the minor, with the consent of his or her  counsel,  may,  at
18    any  time  before  commencement  of the adjudicatory hearing,
19    file with the court a motion  that  criminal  prosecution  be
20    ordered and that the petition be dismissed insofar as the act
21    or  acts  involved in the criminal proceedings are concerned.
22    If such a motion is filed as herein provided, the court shall
23    enter its order accordingly.
24        (10)  If a minor is subject to any of the  provisions  of
25    subsection  (2)  of  this Section, other than a minor charged
26    with a Class X felony violation of  the  Illinois  Controlled
27    Substances  Act,  any  party including the minor or the court
28    sua sponte may, before trial, move  for  a  hearing  for  the
29    purpose  of  trying  and sentencing the minor as a delinquent
30    minor. To request a hearing, the party  must  file  a  motion
31    prior  to  trial.  Reasonable  notice  of the motion shall be
32    given to all parties. On its own motion or upon the filing of
33    a motion by one of the parties including the minor, the court
34    shall conduct a hearing to determine whether the minor should
 
                            -48-     LRB093 04708 RLC 04764 b
 1    be tried and sentenced  as  a  delinquent  minor  under  this
 2    Article.   In  making  its  determination,  the  court  shall
 3    consider among other matters:
 4        (a)  The age of the minor;
 5        (b)  Any previous delinquent or criminal history  of  the
 6    minor;
 7        (c)  Any previous abuse or neglect history of the minor;
 8        (d)  Any  mental  health  or  educational  history of the
 9    minor, or both; and
10        (e)  Whether there  is  probable  cause  to  support  the
11    charge,  whether the minor is charged through accountability,
12    and whether there is evidence the minor  possessed  a  deadly
13    weapon or caused serious bodily harm during the offense.
14        Any  material  that  is  relevant  and  reliable shall be
15    admissible at the hearing.  In all  cases,  the  judge  shall
16    enter an order permitting prosecution under the criminal laws
17    of  Illinois  unless  the  judge  makes  a finding based on a
18    preponderance  of  the  evidence  that  the  minor  would  be
19    amenable  to  the  care,  treatment,  and  training  programs
20    available through the facilities of the juvenile court  based
21    on  an  evaluation  of  the factors listed in this subsection
22    (10).
23    (Source: P.A. 91-15,  eff.  1-1-00;  91-673,  eff.  12-22-99;
24    92-16, eff. 6-28-01; 92-665, eff. 1-1-03.)

25        (705 ILCS 405/5-410)
26        Sec. 5-410.  Non-secure custody or detention.
27        (1)  Any minor arrested or taken into custody pursuant to
28    this  Act who requires care away from his or her home but who
29    does  not  require  physical  restriction  shall   be   given
30    temporary  care  in  a  foster  family  home or other shelter
31    facility designated by the court.
32        (2) (a)  Any minor 10 years  of  age  or  older  arrested
33    pursuant to this Act where there is probable cause to believe
 
                            -49-     LRB093 04708 RLC 04764 b
 1    that  the  minor  is  a delinquent minor and that (i) secured
 2    custody is a matter of immediate and urgent necessity for the
 3    protection of the minor or  of  the  person  or  property  of
 4    another, (ii) the minor is likely to flee the jurisdiction of
 5    the  court, or (iii) the minor was taken into custody under a
 6    warrant, may be kept or detained in an  authorized  detention
 7    facility.   No  minor under 12 years of age shall be detained
 8    in a county jail or a municipal lockup for more than 6 hours.
 9        (b)  The written authorization of the  probation  officer
10    or  detention  officer (or other public officer designated by
11    the court in a county having 3,000,000 or  more  inhabitants)
12    constitutes  authority for the superintendent of any juvenile
13    detention home to detain and keep a minor for up to 40 hours,
14    excluding Saturdays, Sundays and  court-designated  holidays.
15    These  records  shall  be  available  to the same persons and
16    pursuant to  the  same  conditions  as  are  law  enforcement
17    records as provided in Section 5-905.
18        (b-4)  The  consultation  required  by  subsection  (b-5)
19    shall not be applicable if the probation officer or detention
20    officer (or other public officer designated by the court in a
21    county  having  3,000,000  or  more  inhabitants)  utilizes a
22    scorable  detention  screening  instrument,  which  has  been
23    developed with input by the State's  Attorney,  to  determine
24    whether a minor should be detained, however, subsection (b-5)
25    shall  still be applicable where no such screening instrument
26    is used or where the probation officer, detention officer (or
27    other public officer designated by  the  court  in  a  county
28    having  3,000,000  or  more  inhabitants)  deviates  from the
29    screening instrument.
30        (b-5)  Subject to the provisions of subsection (b-4),  if
31    a  probation  officer  or  detention officer (or other public
32    officer designated by the court in a county having  3,000,000
33    or more inhabitants) does not intend to detain a minor for an
34    offense which constitutes one of the following offenses he or
 
                            -50-     LRB093 04708 RLC 04764 b
 1    she shall consult with the State's Attorney's Office prior to
 2    the release of the minor:  first degree murder, second degree
 3    murder,  involuntary  manslaughter,  criminal sexual assault,
 4    aggravated criminal sexual assault, aggravated battery with a
 5    firearm, aggravated or heinous  battery  involving  permanent
 6    disability  or  disfigurement  or great bodily harm, robbery,
 7    aggravated  robbery,  armed  robbery,  vehicular   hijacking,
 8    aggravated  vehicular  hijacking,  vehicular invasion, arson,
 9    aggravated arson,  kidnapping,  aggravated  kidnapping,  home
10    invasion, burglary, or residential burglary.
11        (c)  Except  as otherwise provided in paragraph (a), (d),
12    or (e), no minor shall  be  detained  in  a  county  jail  or
13    municipal  lockup  for more than 12 hours, unless the offense
14    is a crime of  violence  in  which  case  the  minor  may  be
15    detained  up  to 24 hours. For the purpose of this paragraph,
16    "crime of violence" has the meaning ascribed to it in Section
17    1-10 of the Alcoholism and Other Drug  Abuse  and  Dependency
18    Act.
19        (i)  The period of detention is deemed to have begun once
20    the  minor  has  been  placed  in  a  locked  room or cell or
21    handcuffed to a stationary object in  a  building  housing  a
22    county  jail  or municipal lockup.  Time spent transporting a
23    minor is not considered to be time  in  detention  or  secure
24    custody.
25        (ii)  Any  minor  so  confined  shall  be  under periodic
26    supervision and shall not be permitted to come into or remain
27    in contact with adults in custody in the building.
28        (iii)  Upon placement in secure  custody  in  a  jail  or
29    lockup,  the  minor  shall  be informed of the purpose of the
30    detention, the time it is expected to last and the fact  that
31    it cannot exceed the time specified under this Act.
32        (iv)  A  log  shall be kept which shows the offense which
33    is the basis for the detention, the reasons and circumstances
34    for the decision to detain and the length of time  the  minor
 
                            -51-     LRB093 04708 RLC 04764 b
 1    was in detention.
 2        (v)  Violation of the time limit on detention in a county
 3    jail  or municipal lockup shall not, in and of itself, render
 4    inadmissible evidence obtained as a result of  the  violation
 5    of this time limit.  Minors under 18 17 years of age shall be
 6    kept separate from confined adults and may not at any time be
 7    kept  in  the  same  cell,  room or yard with adults confined
 8    pursuant to criminal law.  Persons 18 17  years  of  age  and
 9    older  who  have a petition of delinquency filed against them
10    shall be confined in an adult detention facility.
11        (d) (i)  If a minor 12 years of age or older is  confined
12    in  a  county  jail  in  a  county  with  a  population below
13    3,000,000 inhabitants, then the minor's confinement shall  be
14    implemented in such a manner that there will be no contact by
15    sight,  sound  or  otherwise  between  the  minor  and  adult
16    prisoners.   Minors  12  years  of  age or older must be kept
17    separate from confined adults and may not at any time be kept
18    in the same cell, room, or yard with confined  adults.   This
19    paragraph  (d)(i)  shall only apply to confinement pending an
20    adjudicatory hearing and shall not exceed 40 hours, excluding
21    Saturdays, Sundays and court designated holidays.  To  accept
22    or  hold  minors  during this time period, county jails shall
23    comply with  all  monitoring  standards  promulgated  by  the
24    Department  of Corrections and training standards approved by
25    the Illinois Law Enforcement Training Standards Board.
26        (ii)  To accept or hold minors, 12 years of age or older,
27    after the time period prescribed in paragraph (d)(i) of  this
28    subsection  (2)  of  this  Section  but  not exceeding 7 days
29    including  Saturdays,  Sundays  and   holidays   pending   an
30    adjudicatory  hearing,  county  jails  shall  comply with all
31    temporary detention standards promulgated by  the  Department
32    of   Corrections  and  training  standards  approved  by  the
33    Illinois Law Enforcement Training Standards Board.
34        (iii)  To accept or hold minors 12 years of age or older,
 
                            -52-     LRB093 04708 RLC 04764 b
 1    after the time period prescribed  in  paragraphs  (d)(i)  and
 2    (d)(ii)  of this subsection (2) of this Section, county jails
 3    shall comply with all programmatic and training standards for
 4    juvenile detention homes promulgated  by  the  Department  of
 5    Corrections.
 6        (e)  When  a  minor  who  is  at least 15 years of age is
 7    prosecuted under the criminal laws of this State,  the  court
 8    may enter an order directing that the juvenile be confined in
 9    the  county  jail.   However,  any  juvenile  confined in the
10    county jail under this  provision  shall  be  separated  from
11    adults  who  are confined in the county jail in such a manner
12    that there will be no contact by sight,  sound  or  otherwise
13    between the juvenile and adult prisoners.
14        (f)  For  purposes of appearing in a physical lineup, the
15    minor may be taken to a county jail or municipal lockup under
16    the direct and constant  supervision  of  a  juvenile  police
17    officer.   During  such  time  as  is  necessary to conduct a
18    lineup, and while supervised by a  juvenile  police  officer,
19    the sight and sound separation provisions shall not apply.
20        (g)  For purposes of processing a minor, the minor may be
21    taken  to  a County Jail or municipal lockup under the direct
22    and constant supervision of  a  law  enforcement  officer  or
23    correctional  officer.   During  such time as is necessary to
24    process the minor, and while supervised by a law  enforcement
25    officer   or   correctional  officer,  the  sight  and  sound
26    separation provisions shall not apply.
27        (3)  If the probation officer  or  State's  Attorney  (or
28    such other public officer designated by the court in a county
29    having  3,000,000  or  more  inhabitants) determines that the
30    minor may be a delinquent minor as  described  in  subsection
31    (3)  of  Section 5-105, and should be retained in custody but
32    does not require  physical  restriction,  the  minor  may  be
33    placed  in  non-secure  custody  for up to 40 hours pending a
34    detention hearing.
 
                            -53-     LRB093 04708 RLC 04764 b
 1        (4)  Any  minor  taken  into   temporary   custody,   not
 2    requiring  secure detention, may, however, be detained in the
 3    home of his  or  her  parent  or  guardian  subject  to  such
 4    conditions as the court may impose.
 5    (Source: P.A. 90-590, eff. 1-1-99.)

 6        (705 ILCS 405/5-901)
 7        Sec. 5-901.   Court file.
 8        (1)  The  Court  file  with  respect to proceedings under
 9    this Article  shall  consist  of  the  petitions,  pleadings,
10    victim   impact  statements,  process,  service  of  process,
11    orders, writs and docket entries reflecting hearings held and
12    judgments and decrees entered by the court.  The  court  file
13    shall be kept separate from other records of the court.
14             (a)  The file, including information identifying the
15        victim  or  alleged  victim  of any sex offense, shall be
16        disclosed only to the following  parties  when  necessary
17        for discharge of their official duties:
18                  (i)  A  judge  of the circuit court and members
19             of the staff of the court designated by the judge;
20                  (ii)  Parties  to  the  proceedings  and  their
21             attorneys;
22                  (iii)  Victims and their attorneys,  except  in
23             cases  of  multiple victims of sex offenses in which
24             case the information identifying  the  nonrequesting
25             victims shall be redacted;
26                  (iv)  Probation   officers,   law   enforcement
27             officers or prosecutors or their staff;
28                  (v)  Adult and juvenile Prisoner Review Boards.
29             (b)  The   Court   file   redacted   to  remove  any
30        information identifying the victim or alleged  victim  of
31        any  sex offense shall be disclosed only to the following
32        parties when necessary for discharge  of  their  official
33        duties:
 
                            -54-     LRB093 04708 RLC 04764 b
 1                  (i)  Authorized military personnel;
 2                  (ii)  Persons  engaged  in  bona fide research,
 3             with the permission of the  judge  of  the  juvenile
 4             court  and  the  chief  executive of the agency that
 5             prepared the particular  recording:   provided  that
 6             publication   of   such   research   results  in  no
 7             disclosure of a minor's identity  and  protects  the
 8             confidentiality of the record;
 9                  (iii)  The Secretary of State to whom the Clerk
10             of  the  Court  shall  report the disposition of all
11             cases, as  required  in  Section  6-204  or  Section
12             6-205.1  of  the  Illinois  Vehicle  Code.  However,
13             information  reported  relative  to  these  offenses
14             shall  be  privileged  and  available  only  to  the
15             Secretary of State, courts, and police officers;
16                  (iv)  The administrator of a bonafide substance
17             abuse student assistance program with the permission
18             of the presiding judge of the juvenile court;
19                  (v)  Any individual, or any public  or  private
20             agency   or   institution,  having  custody  of  the
21             juvenile under court order or providing educational,
22             medical or mental health services to the juvenile or
23             a court-approved advocate for the  juvenile  or  any
24             placement  provider  or potential placement provider
25             as determined by the court.
26        (3)  A minor who is the victim or  alleged  victim  in  a
27    juvenile    proceeding    shall    be   provided   the   same
28    confidentiality regarding disclosure of identity as the minor
29    who is the subject of record. Information identifying victims
30    and alleged victims of sex offenses, shall not  be  disclosed
31    or open to public inspection under any circumstances. Nothing
32    in  this  Section shall prohibit the victim or alleged victim
33    of any sex offense from voluntarily  disclosing  his  or  her
34    identity.
 
                            -55-     LRB093 04708 RLC 04764 b
 1        (4)  Relevant  information,  reports and records shall be
 2    made available  to  the  Department  of  Corrections  when  a
 3    juvenile  offender  has  been  placed  in  the custody of the
 4    Department of Corrections, Juvenile Division.
 5        (5)  Except as otherwise provided in this subsection (5),
 6    juvenile court records shall not be  made  available  to  the
 7    general  public  but  may  be inspected by representatives of
 8    agencies, associations  and  news  media  or  other  properly
 9    interested  persons by general or special order of the court.
10    The State's Attorney, the minor, his or her parents, guardian
11    and counsel shall at all times  have  the  right  to  examine
12    court files and records.
13             (a)  The  court  shall  allow  the general public to
14        have access to the name, address, and offense of a  minor
15        who  is  adjudicated  a  delinquent  minor under this Act
16        under either of the following circumstances:
17                  (i)  The adjudication of delinquency was  based
18             upon  the minor's commission of first degree murder,
19             attempt to commit first  degree  murder,  aggravated
20             criminal sexual assault, or criminal sexual assault;
21             or
22                  (ii)  The  court  has  made  a finding that the
23             minor was at least 13 years of age at the  time  the
24             act   was   committed   and   the   adjudication  of
25             delinquency was based upon  the  minor's  commission
26             of: (A) an act in furtherance of the commission of a
27             felony  as  a  member  of or on behalf of a criminal
28             street gang, (B) an  act  involving  the  use  of  a
29             firearm  in  the  commission of a felony, (C) an act
30             that would be a Class X felony offense under or  the
31             minor's  second  or  subsequent  Class  2 or greater
32             felony offense under the  Cannabis  Control  Act  if
33             committed  by  an  adult, (D) an act that would be a
34             second or subsequent offense under  Section  402  of
 
                            -56-     LRB093 04708 RLC 04764 b
 1             the  Illinois Controlled Substances Act if committed
 2             by an adult, or (E) an act that would be an  offense
 3             under   Section   401  of  the  Illinois  Controlled
 4             Substances Act if committed by an adult.
 5             (b)  The court shall allow  the  general  public  to
 6        have  access to the name, address, and offense of a minor
 7        who is at least 13 years of age at the time  the  offense
 8        is   committed   and   who   is  convicted,  in  criminal
 9        proceedings permitted or required  under  Section  5-805,
10        under either of the following circumstances:
11                  (i)  The  minor  has  been  convicted  of first
12             degree  murder,  attempt  to  commit  first   degree
13             murder,   aggravated  criminal  sexual  assault,  or
14             criminal sexual assault,
15                  (ii)  The court has made  a  finding  that  the
16             minor  was  at least 13 years of age at the time the
17             offense was committed and the conviction  was  based
18             upon  the  minor's  commission of: (A) an offense in
19             furtherance of the  commission  of  a  felony  as  a
20             member  of  or  on behalf of a criminal street gang,
21             (B) an offense involving the use of a firearm in the
22             commission of a felony, (C) a Class X felony offense
23             under the  Cannabis  Control  Act  or  a  second  or
24             subsequent  Class  2 or greater felony offense under
25             the Cannabis Control Act, (D) a second or subsequent
26             offense under Section 402 of the Illinois Controlled
27             Substances Act, or (E) an offense under Section  401
28             of the Illinois Controlled Substances Act.
29        (6)  Nothing  in this Section shall be construed to limit
30    the use of a adjudication of delinquency as evidence  in  any
31    juvenile  or criminal proceeding, where it would otherwise be
32    admissible under the rules of  evidence,  including  but  not
33    limited  to, use as impeachment evidence against any witness,
34    including the minor if he or she testifies.
 
                            -57-     LRB093 04708 RLC 04764 b
 1        (7)  Nothing in this Section shall affect the right of  a
 2    Civil  Service  Commission  or appointing authority examining
 3    the character and fitness of an applicant for a position as a
 4    law enforcement officer to ascertain whether  that  applicant
 5    was  ever adjudicated to be a delinquent minor and, if so, to
 6    examine  the  records  or  evidence  which   were   made   in
 7    proceedings under this Act.
 8        (8)  Following  any  adjudication  of  delinquency  for a
 9    crime which would be a felony if committed by  an  adult,  or
10    following  any adjudication of delinquency for a violation of
11    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
12    1961,  the State's Attorney shall ascertain whether the minor
13    respondent is enrolled in school and, if so, shall provide  a
14    copy  of  the  sentencing  order  to  the  principal or chief
15    administrative  officer  of  the  school.   Access  to   such
16    juvenile  records  shall be limited to the principal or chief
17    administrative  officer  of  the  school  and  any   guidance
18    counselor designated by him or her.
19        (9)  Nothing  contained  in this Act prevents the sharing
20    or  disclosure  of  information  or   records   relating   or
21    pertaining  to  juveniles  subject  to  the provisions of the
22    Serious Habitual Offender Comprehensive Action  Program  when
23    that   information   is   used   to   assist   in  the  early
24    identification and treatment of habitual juvenile offenders.
25        (11)  The Clerk of the Circuit Court shall report to  the
26    Department  of  State Police, in the form and manner required
27    by the Department of State Police, the final  disposition  of
28    each minor who has been arrested or taken into custody before
29    his  or her 18th 17th birthday for those offenses required to
30    be reported under Section 5 of  the  Criminal  Identification
31    Act.   Information  reported  to  the  Department  under this
32    Section may be maintained with records  that  the  Department
33    files under Section 2.1 of the Criminal Identification Act.
34        (12)  Information  or  records  may  be  disclosed to the
 
                            -58-     LRB093 04708 RLC 04764 b
 1    general public when the court is  conducting  hearings  under
 2    Section 5-805 or 5-810.
 3    (Source: P.A. 90-590, eff. 1-1-99.)

 4        (705 ILCS 405/5-905)
 5        Sec. 5-905.  Law enforcement records.
 6        (1)  Law  Enforcement  Records. Inspection and copying of
 7    law  enforcement  records  maintained  by   law   enforcement
 8    agencies  that  relate  to  a  minor who has been arrested or
 9    taken into custody before his or her 18th 17th birthday shall
10    be restricted to the following and  when  necessary  for  the
11    discharge of their official duties:
12             (a)  A judge of the circuit court and members of the
13        staff of the court designated by the judge;
14             (b)  Law enforcement officers, probation officers or
15        prosecutors or their staff;
16             (c)  The   minor,   the  minor's  parents  or  legal
17        guardian and their attorneys, but only when the  juvenile
18        has been charged with an offense;
19             (d)  Adult and Juvenile Prisoner Review Boards;
20             (e)  Authorized military personnel;
21             (f)  Persons engaged in bona fide research, with the
22        permission  of  the judge of juvenile court and the chief
23        executive of the  agency  that  prepared  the  particular
24        recording:   provided  that  publication of such research
25        results in  no  disclosure  of  a  minor's  identity  and
26        protects the confidentiality of the record;
27             (g)  Individuals   responsible  for  supervising  or
28        providing temporary or  permanent  care  and  custody  of
29        minors  pursuant  to  orders  of  the  juvenile  court or
30        directives from officials of the Department  of  Children
31        and  Family  Services or the Department of Human Services
32        who certify in writing that the information will  not  be
33        disclosed to any other party except as provided under law
 
                            -59-     LRB093 04708 RLC 04764 b
 1        or order of court;
 2             (h)  The  appropriate  school  official.  Inspection
 3        and copying shall be limited to law  enforcement  records
 4        transmitted to the appropriate school official by a local
 5        law  enforcement  agency  under  a  reciprocal  reporting
 6        system  established  and  maintained  between  the school
 7        district and  the  local  law  enforcement  agency  under
 8        Section  10-20.14  of  the School Code concerning a minor
 9        enrolled in a school within the school district  who  has
10        been arrested for any offense classified as a felony or a
11        Class A or B misdemeanor.
12        (2)  Information  identifying victims and alleged victims
13    of sex offenses, shall not be disclosed  or  open  to  public
14    inspection  under  any circumstances. Nothing in this Section
15    shall prohibit the  victim  or  alleged  victim  of  any  sex
16    offense from voluntarily disclosing his or her identity.
17        (3)  Relevant  information,  reports and records shall be
18    made available  to  the  Department  of  Corrections  when  a
19    juvenile  offender  has  been  placed  in  the custody of the
20    Department of Corrections, Juvenile Division.
21        (4)  Nothing  in  this   Section   shall   prohibit   the
22    inspection   or   disclosure  to  victims  and  witnesses  of
23    photographs contained  in  the  records  of  law  enforcement
24    agencies  when  the  inspection or disclosure is conducted in
25    the presence of a law enforcement  officer  for  purposes  of
26    identification or apprehension of any person in the course of
27    any criminal investigation or prosecution.
28        (5)  The  records  of law enforcement officers concerning
29    all minors under 18  17  years  of  age  must  be  maintained
30    separate  from  the  records of adults and may not be open to
31    public inspection or their contents disclosed to  the  public
32    except  by  order  of  the  court  or when the institution of
33    criminal proceedings has been permitted under  Section  5-130
34    or  5-805  or required under Section 5-130 or 5-805 or such a
 
                            -60-     LRB093 04708 RLC 04764 b
 1    person has been convicted of a crime and is  the  subject  of
 2    pre-sentence investigation or when provided by law.
 3        (6)  Except as otherwise provided in this subsection (6),
 4    law enforcement officers may not disclose the identity of any
 5    minor  in  releasing  information to the general public as to
 6    the  arrest,  investigation  or  disposition  of   any   case
 7    involving  a minor. Any victim or parent or legal guardian of
 8    a victim may petition the court  to  disclose  the  name  and
 9    address  of  the  minor  and  the  minor's  parents  or legal
10    guardian, or both.  Upon a finding by  clear  and  convincing
11    evidence  that  the  disclosure  is  either necessary for the
12    victim to pursue a civil remedy  against  the  minor  or  the
13    minor's parents or legal guardian, or both, or to protect the
14    victim's  person  or  property from the minor, then the court
15    may order the disclosure of the information to the victim  or
16    to  the  parent  or legal guardian of the victim only for the
17    purpose of the victim pursuing a  civil  remedy  against  the
18    minor  or  the minor's parents or legal guardian, or both, or
19    to protect the victim's person or property from the minor.
20        (7)  Nothing contained in this Section shall prohibit law
21    enforcement agencies when acting in their  official  capacity
22    from  communicating  with  each  other by letter, memorandum,
23    teletype or intelligence alert bulletin or  other  means  the
24    identity or other relevant information pertaining to a person
25    under  18  17  years  of age.  The information provided under
26    this subsection (7) shall remain confidential and  shall  not
27    be publicly disclosed, except as otherwise allowed by law.
28        (8)  No  person  shall  disclose  information  under this
29    Section except when acting in his or  her  official  capacity
30    and as provided by law or order of court.
31    (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)

32        (705 ILCS 405/5-915)
33        Sec.  5-915.  Expungement of law enforcement and juvenile
 
                            -61-     LRB093 04708 RLC 04764 b
 1    court records.
 2        (1)  Whenever any person has attained the age of 18 17 or
 3    whenever all juvenile  court  proceedings  relating  to  that
 4    person  have  been terminated, whichever is later, the person
 5    may petition the court to  expunge  law  enforcement  records
 6    relating  to  incidents occurring before his or her 18th 17th
 7    birthday or his or her juvenile court records, or  both,  but
 8    only in the following circumstances:
 9             (a)  the  minor  was  arrested  and  no petition for
10        delinquency was filed  with  the  clerk  of  the  circuit
11        court; or
12             (b)  the  minor  was charged with an offense and was
13        found not delinquent of that offense; or
14             (c)  the minor was placed under supervision pursuant
15        to Section 5-615, and the order of supervision has  since
16        been successfully terminated; or
17             (d)  the  minor was adjudicated for an offense which
18        would be a Class B misdemeanor if committed by an adult.
19        (2)  Any person may petition the court to expunge all law
20    enforcement  records  relating  to  any  incidents  occurring
21    before his or her 18th 17th birthday which did not result  in
22    proceedings  in criminal court and all juvenile court records
23    with respect to any adjudications  except  those  based  upon
24    first  degree murder and sex offenses which would be felonies
25    if committed by an adult, if the person for whom  expungement
26    is  sought  has had no convictions for any crime since his or
27    her 18th 17th birthday and:
28             (a)  has attained the age of 21 years; or
29             (b)  5 years have elapsed since all  juvenile  court
30        proceedings  relating  to him or her have been terminated
31        or  his  or  her  commitment   to   the   Department   of
32        Corrections,  Juvenile  Division pursuant to this Act has
33        been terminated;
34    whichever is later of (a) or (b).
 
                            -62-     LRB093 04708 RLC 04764 b
 1        (3)  The chief judge of the circuit in  which  an  arrest
 2    was made or a charge was brought or any judge of that circuit
 3    designated  by the chief judge may, upon verified petition of
 4    a person who is the subject of an arrest or a juvenile  court
 5    proceeding under subsection (1) or (2) of this Section, order
 6    the  law enforcement records or official court file, or both,
 7    to be expunged from the official  records  of  the  arresting
 8    authority,  the clerk of the circuit court and the Department
 9    of State Police.  Notice of the petition shall be served upon
10    the State's Attorney and upon the arresting  authority  which
11    is the subject of the petition for expungement.
12        (4)  Upon  entry  of an order expunging records or files,
13    the offense, which the records  or  files  concern  shall  be
14    treated as if it never occurred. Law enforcement officers and
15    other  public  offices  and  agencies shall properly reply on
16    inquiry that no record or file exists  with  respect  to  the
17    person.
18        (5)  Records which have not been expunged are sealed, and
19    may  be obtained only under the provisions of Sections 5-901,
20    5-905 and 5-915.
21        (6)  Nothing  in  this  Section  shall  be  construed  to
22    prohibit  the  maintenance  of  information  relating  to  an
23    offense after records or files concerning  the  offense  have
24    been  expunged  if  the  information is kept in a manner that
25    does  not  enable  identification  of  the  offender.    This
26    information  may  only  be used for statistical and bona fide
27    research purposes.
28    (Source: P.A. 90-590, eff. 1-1-99.)